Madras High CourtHCP(MD)/1060/2024disposed of

K.Packialakshmi v. The Commissioner Of Police

2024-11-18Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD) No.1060 of 2024 K.Packialakshmi ... Petitioner / Wife of detenue Vs.

1.The State represented by The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Sellur, Madurai - 625 002.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Kumar, S/o.Ramachandran husband of the petitioner (K.Packialakshmi), aged about 60 years old, before this Court and set him at liberty. 1/4

For Petitioner : Mr.P.Santhana Krishnan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioner is the wife of the detenue. The detenue is a senior citizen. He has been missing since 24.06.2023. The petitioner gave a complaint and Crime No.1384 of 2023 was registered by the Sellur Police Station, Madurai City.

3.The learned Additional Public Prosecutor would submit that the petitioner's husband had contracted debts and probably to escape from the clutches of the creditors, he has gone missing. He also submitted that on two earlier occasions, when the petitioner's husband went missing, he was secured at Palani and Dindigul railway stations. 4.We are satisfied that it is not a case of illegal detention. It is for the petitioner to pursue her remedy with the second respondent. 2/4

5.This Habeas Corpus Petition is disposed of accordingly. (G.R.S., J.) (R.P., J.) 18.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Sellur, Madurai - 625 002.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

MGA ORDER MADE IN H.C.P.(MD) No.1060 of 2024 18.11.2024 4/4