A.Pandiyammal v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH A.Pandiyammal .. Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Karimedu Police Station, Madurai City.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of the detenu namely, Arumugam, S/o.Shanmugam, aged about 36 years, before this Court and set his at liberty to the petitioner.

For Petitioner : Mr.A.K.Azagarsami For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by N.ANAND VENKATESH, J.] This Habeas Corpus Petition has been filed by the wife of the detenu seeking for a direction to the respondent police to produce the body of her husband Arumugam.

2. The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint given by the petitioner, a "man missing" FIR has been registered in Crime No.625 of 2022 by the second respondent Police and all efforts are being taken to find the whereabouts of the detenu. The learned Additional Public Prosecutor further submitted that the husband of the petitioner is involved in an avocation of the nature where he must stay outside for a continuous period of three months. On one such occasion, he left on 17.07.2022 and, thereafter the detenu did not return home.

3. In the considered view of this Court, there is no requirement to keep this Habeas Corpus Petition pending and it will suffice if a direction is given to the respondent police to follow 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. This Court expects the respondent police to expedite the investigation and find the whereabouts of the detenu as early as possible.

4. This Habeas Corpus Petition is disposed of accordingly. (M.S.R.,J.) (N.A.V.,J.) 23.11.2022 Index : Yes/No Internet : Yes rm

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Karimedu Police Station, Madurai City.

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

M.S.RAMESH,J.

and N.ANAND VENKATESH, J.

rm 23.11.2022