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Madras High CourtHCP(MD)/885/2025closed

R. Pandiselvi v. The State Of Tamilnadu, Rep.By Its The Superintendent Of Police

2025-07-29Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.885 of 2025 R.Pandiselvi ... Petitioner/ Wife of the detenu -Vs1.The State of Tamil Nadu rep by The Superintendent of Police, Madurai District.

2.The Inspector of Police, T.Kallupatti Police Station, Madurai District.

3.Backiya Lakshmi, Subbulapuram, Andipatti(Taluk), Theni District.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents No.1 & 2 to produce the body or person of the detenue, namely Rajmurugan, son of Rengasamy, Male, aged about 48 years, before this Court and set him at liberty.

For Petitioner : Mr.S.Gobi For R1 & R2 : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The petitioner is the wife of the detenu namely, Rajmurugan, son of Rengasamy, Male, aged about 48 years. The marriage between them was solemnized in the year 2014 and the said marriage is a second marriage for both of them. The detenue went for his work and thereafter for the last 20 days he did not return back to the home. When she gave complaint before the 2nd respondent, she came to know that her husband had an illegal affair with the third respondent herein. Thereafter, she sent a representation to the respondent police. But no action was taken so far. Hence, this petition.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner, a case in Crime No.137 of 2025 has been registered for 'man missing'. He would further submit that even in the complaint, the petitioner has alleged that it was a second marriage for both the petitioner and the detenu/missing person and subsequently her husband had not come back home for 20 days. She has further

averred that her husband has an illicit affair with one Backiyalakshmi, the third respondent herein. During the enquiry, it is found that when the petitioner had asked the missing person/detenu to return 25 sovereigns of jewels which was given to him, he has gone along with the said Backiyalakshmi and he would further submit that investigation is pending.

3. Recording the above said submission, this Habeas Corpus Petition stands closed directing the respondents to continue with the investigation. The Deputy Superintendent of Police, Peraiyur Sub Division is directed to monitor the investigation.

[A.D.J.C., J.] & [R.P., J.] 29.07.2025 NCC:Yes/No Index:Yes/No NCC: Yes/No PJL To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, T.Kallupatti Police Station, Madurai District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

PJL H.C.P(MD)No.885 of 2025 29.07.2025