G.Santhana Sekar v. The Superintendent Of Police

H.C.P(MD)No.1544 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1544 of 2021 G.Santhana Sekar ... Petitioner/ Husband of the detenu -vs1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Kurumbur Police Station, Kurumbur, Thoothukudi District.

3. The Inspector of Police, Sathankulam Police Station, Sathankulam, Thoothukudi District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the detenu or body of the detenu i.e., the petitioner's wife namely Latha @ Indira Latha, aged about 42 years, w/o. G.Santhana Sekar, before this Court and to set her liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's wife by name Latha @ Indira Latha, aged about 42 years, was working as a Female Nurse Assistant in Primary Health Care Centre, Ananthapuram, Sathankulam Taluk, Thoothukudi District, found missing from 25.09.2021, the petitioner has lodged a complaint before the second respondent police. But, so far no action has been taken by the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1544 of 2021 respondent to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that the detenu has eloped with one Augustin belongs to Sathankulam and now their whereabouts are not known.

3. Considering the fact that the detenu has eloped with one Augustin and she is not illegally detained as alleged by the petitioner, this petition is not maintainable. Hence, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv/ebsi Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Kurumbur Police Station, Kurumbur, Thoothukudi District.

3. The Inspector of Police, Sathankulam Police Station, Sathankulam,Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

H.C.P.(MD) No.1544 of 2021 08.10.2021 RK/UV (09/11/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2