M.Sivakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR JUSTICE M.S. RAMESH AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH M.Sivakumar ... Petitioner/ Husband of the Detenue /Vs./ 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Pudhukottai Police Station, Pudhukottai S.O., Thoothukudi District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of the detenue, Sangeetha, aged 30 years, Wife of M.Sivakumar before this Court and set her at liberty. For Petitioner : Mr.M.Sathiamoorthy For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH, J.) This petition has been filed by the husband of the detenu to produce the body of his wife, namely, Sangeetha.

2. The learned Additional Public Prosecutor, on instructions, submitted that the detenu went missing from 07.03.2021 onwards and she had eloped with one Muthukaruppasamy. Based on the complaint given by the petitioner, a woman missing FIR has been registered by the second respondent in Crime No.71 of 2021 and the same is pending investigation.

3. The learned Additional Public Prosecutor further submitted that the second respondent is taking all efforts to find the whereabouts of the detenu.

4. In the considered view of this Court, it would suffice to direct the second respondent to proceed further with the investigation in accordance with the guidelines issued by this Court in K.Sukumari Vs. The

Superintendent of Police, Virudhunagar District, Virudhunagar, reported in 2018 (2) - L.W. (Crl) - 636 and take steps to find the whereabouts of the wife of the petitioner.

5. This Habeas Corpus Petition is disposed of accordingly. (M.S.R.,J.) (N.A.V.,J.) 14.11.2022 Index : Yes/No Internet : Yes Sm TO:

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

2.The Inspector of Police, Pudhukottai Police Station, Pudhukottai S.O., Thoothukudi District.

M.S. RAMESH, J.

and N. ANAND VENKATESH, J.

Sm Order made in Dated 14.11.2022