S.Kayathri v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mrs.Kayathri ... Petitioner -vs1.The Superintendent of Police, Karur District, O/o.Superintendent of Police, Near Collector Office, Karur District-600 009.
2.The Deputy Superintendent of Police, Vadivel Nagar, O/o.Deputy Superintendent of Police, Vadivel Nagar, Karur District-639 002.
3.The Sub-Inspector of Police, Velliyanai Police Station, Velliyanai, Velliyanai North, Karur District-639 118.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce Mr.J.Sugumar, S/o.Jansan Kandhasamy, aged about 29 years or his body before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.G.Anto Prince For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the wife of the detenu seeking to produce the alleged detenu namely Mr.J.Sugumar, S/o.Jansan Kandhasamy, aged about 29 years or his body before this Hon'ble Court and set him at liberty.
2. The case of the petitioner is that she got married to the missing person 9 years ago and they got two children. Her husband was working as Conductor in a Private Bus and that her husband left the home n 04.06.2024 and he did not return back to home. Therefore, the petitioner has given a complaint to
the third respondent on 11.06.2024, based on which, a case in Cr.No.250 of 2024 was registered. Further, since no action has been taken, the petitioner has filed the present habeas corpus petition.
3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, a case in Cr.No.250 of 2024 was registered. Further, during the course of enquiry, it came to light that the petitioner's husband was working as Conductor in a Private Bus and he got acquainted with one Murugammal, D/o.Muthu, Aravakuruchi and due to affair both of them have eloped and separate complaint has been prepared by the father of the said Murugammal. Based on the complaint, a case in Cr.No.386 of 2024 was registered for 'Woman Missing'. Both the Sub-Inspector of Police, Velliyanai Police Station and the Inspector of Police, Karur Town Police Station are taking steps to trace the missing persons and as and when they are traced or secured it will be intimated to the petitioner and the parents of the Murugammal.
4. In view of the above, we find that the detenu is not an illegal
detention of anybody. Therefore, this Habeas Corpus Petition is closed with a direction to both the Sub-Inspector of Police, Velliyanai Police Station and the Inspector of Police, Karur Town Police Station to continue with the investigation and as and when the missing persons are traced or secured, it shall be informed to the petitioner and the parents of the Murugammal. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 31.07.2024 Index : Yes / No Internet : Yes / No am To:
1.The Superintendent of Police, Karur District, O/o.Superintendent of Police, Near Collector Office, Karur District-600 009.
2.The Deputy Superintendent of Police, Vadivel Nagar, O/o.Deputy Superintendent of Police, Vadivel Nagar, Karur District-639 002.
3.The Sub-Inspector of Police, Velliyanai Police Station, Velliyanai, Velliyanai North, Karur District-639 118.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy To The Inspector of Police, Karur Town Police Station, Karur.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
am 31.07.2024