Madras High CourtCRL OP(MD)/15534/2019disposed of

Udaiyammal @ Sumathi v. The Superintendent Of Police

2019-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15534 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15534 of 2019 Udaiyammal @ Sumathi ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli Distirct.

3.Shanmugaraja 4.Nirmala ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 and 2 to produce the petitioner's husband namely Sudalaimuthu son of Ponnaiahvelar aged about 49 years residing at 6/431, Kennedy Street, palayamkottai, Tirunelveli District, who is under the illegal custody of the respondents 3 and 4 before this Court and set him at liberty.

For Petitioner : Mr.T.M.Madasamy For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This petition has been filed for a direction, to direct the first and second respondents to produce the petitioner's husband namely Sudalaimuthu son of Ponnaiahvelar aged about 49 years residing at 6/431, Kennedy Street, Palayamkottai, Tirunelveli District, who is under the illegal custody of the third and fourth respondents before this Court and set him at liberty.

2. The petitioner herein is the wife of the detenue. Due to misunderstanding between the petitioner and the detenue, the petitioner was went to her mother's residence and thereafter, the detenue, neglected the petitioner and her children, under the instructions of the third and fourth respondent, who are in-laws of the petitioner. Further, the petitioner is also suspecting, her https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15534 of 2019 husband, who is the detenue, in the illegal detention at the hands of the third and fourth respondents, in this regard, the petitioner has lodged a complaint before the second respondent on 21.07.2019 and still it is pending. Hence, the petitioner filed this petition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) for the respondent police.

4. Considering the above facts and circumstance of the case, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioner, after issue summons to the third and fourth respondents and pass orders in the manner known to law within a period of four weeks from the date of the receipt of a copy of this Order.

5. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) Ls To 1.The Superintendent of Police Tirunelveli District, Tirunelveli.

2. The Inspector of Police Palayamkottai Police Station, Palayamkottai, Tirunelveli Distirct.

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

+1 CC to M/s.T.M.MADASAMY, Advocate SR-94525. Crl.O.P.(MD)No.15534 of 2019 25.10.2019 CS(19.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2