Sathish Sudalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1398 of 2022 Sathish Sudalai ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District 2.The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.

3.Yasin ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondent No.1 and 2 to produce the person or body of the detenue namely Noushin Banu, W/o.Sathish Sudalai, D/o.Yasin, female aged about 21 years, before this Court and set her at liberty.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that Noushin Banu, (21 yrs.) and he were in love with each other and since they belong to different religions, Noushin's parents were not agreeable for the marriage. Therefore, they eloped and got married on 08.12.2021 at the petitioner's house and thereafter, living as husband and wife in the house of the petitioner in Thoothukudi. While that being so, Noushin's parents came and stayed with the petitioner in his house on 08.07.2022 and after two days, they took Noushin with them saying that she has to attend a function at Cuddalore and thereafter the whereabouts of Noushin is not known.

2. Today, Mr.M.Maharajan Inspector of Police, Muthaiyapuram Police Station is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Muthaiyapuram Police Station Crime No.229/2022 was registered on 24.08.2022 for 'woman missing'.

4. In such view of the matter, we direct the Deputy Superintendent of Police, Thoothukudi Town Sub Division, to supervise the investigation that is being conducted by the Inspector of Police in Muthaiyapuram Police Station Crime No.229/2022 and keep the petitioner informed of the developments, if any, and as and when Noushin Banu is secured, she may be produced before the Judicial Magistrate No.II, Thoothukudi under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody. Accordingly, this Habeas Corpus Petition is closed.

(P.N.P.,J.) (R.H.,J.) 26.08.2022 Index : Yes/No Internet : Yes RR

To 1.The Judicial Magistrate No.II, Thoothukudi 2.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District 3.The Deputy Superintendent of Police, Thoothukudi Town Sub Division, Thoothukudi.

4.The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.

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

P.N.PRAKASH,J.

and R.HEMALATHA,J.

RR H.C.P.(MD)No.1398 of 2022 26.08.2022