HCP(MD)/740/2024 of S.Palavesam Vs The Superintendent of Police - Madras High Court (Madras High Court)

H.C.P.(MD) No.740 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
H.C.P.(MD) No.740 of 2024
S.Palavesam
 
     
...  Petitioner
-vs-
1.The State
   rep.by the Superintendent of Police
   Tirunelveli District
2.The State
   rep.by the Inspector of Police
   Valliyoor Police Station
   Tirunelveli District
...  Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue 
a writ of habeas corpus directing the respondents to produce the body or 
person of the detenu, namely, Suresh, son of Manipandiyan, aged about 30 
years before this Court and set him at liberty.
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H.C.P.(MD) No.740 of 2024
For Petitioner
:
Mr.S.Atham Ali
For Respondents
:
Mr.RMS.Sethuraman
Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The  petitioner  has  filed  this  habeas  corpus  petition  seeking  a 
direction to the respondents to secure her husband, namely, Suresh, aged 
about 30 years, produce him before this Court and set him at liberty.
2. It is the case of the petitioner that her husband is a Mason and 
on 17.06.2024, he went for work as usual, however, he did not return back to 
home.  Though she searched for him, she could not find out the whereabouts 
of her husband.  Hence, she lodged a complaint before the respondent – 
Police.  Though a case in Crime No.311 of 2024 for “man missing” came to be 
registered  based  on  her  complaint,  no  effective  steps  were  taken  by  the 
respondent – Police to trace the missing person.  Hence, the petitioner has 
filed this habeas corpus petition.
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H.C.P.(MD) No.740 of 2024
3.  Learned  Additional  Public  Prosecutor  appearing  for  the 
respondent  –  Police,  on  instructions,  would  submit  that  it  is  a  case  of 
elopement.  The missing person is the husband of the petitioner.  He would 
further submit  that  the  preliminary investigation reveals that  the  missing 
person has eloped with one Krishnammal of Valliyoor Village, who is also a 
relative to the petitioner.  However, the respondent – Police are continuing 
with  the  investigation  and  as  and  when  the  detenu  is  secured  or  his 
whereabouts is located, the same will be intimated to the petitioner.
4. In view of the above submission of the learned Additional Public 
Prosecutor,  this  habeas  corpus  petition  is  closed  with  a  direction  to  the 
respondent Police to continue with the investigation in accordance with law 
and as and when the detenu is secured or his whereabouts is identified, the 
same shall be intimated to the petitioner forthwith.
                                        
        [A.D.J.C., J.]          [K.R.S., J.]
   
              
26.06.2024
NCC 
:
Yes / No
Index 
:
Yes / No
Internet :
Yes / No
          
krk
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H.C.P.(MD) No.740 of 2024
To:
1.The Superintendent of Police,
   Tirunelveli District.
2.The Inspector of Police,
   Valliyoor Police Station,
   Tirunelveli District.
3.The Additional Public Prosecutor,
   Madurai Bench of Madras High Court,
   Madurai.
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H.C.P.(MD) No.740 of 2024
A.D.JAGADISH CHANDIRA, J.
AND
K.RAJASEKAR, J.
krk
H.C.P.(MD) No.740 of 2024
26.06.2024
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