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2022 Supreme(Online)(Mad) 84920

MADRAS HIGH COURT
SELVAKUMAR – Appellant
Versus
THE COMMISSIONER OF POLICE – Respondent
HCP 1221/2022



Advocates:
['M/S S PARTHASARATHY', '', 'V C AJIEETHKUMAR', 'ADDL PUBLIC PROSECUTOR TAKES NOTICE', '', 'FOR THE RESPONDENTS']

H.C.P.No.1221 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2022

Coram

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

AND

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

H.C.P.No.1221 of 2022

Selva Kumar

.. Petitioner

Vs.

1.The State rep by the Commissioner of Police

Erode District.

2.The Inspector of Police,

Kadathur Police Station, Erode District.

Cr.No.124 of 2022.

.. Respondents

Petition filed under Article 226 of the Constitution of India to issue a

writ of Habeas Corpus to direct the 1st and 2nd respondents to produce the

body of the detenue namely Boolamal @ Poonkodi w/o.Selvakumar aged

35years bodily in person before this Court and set her at liberty.

For Petitioner

: Mr.S.Parthasarathy

For respondents

: Mr.M.Babu Muthu Meeran,

Addl. Public Prosecutor

Page 1 of 4

https://www.mhc.tn.gov.in/judis

H.C.P.No.1221 of 2022

ORDER

S. VAIDYANATHAN, J.

AND

A.D. JAGADISH CHANDIRA, J.

This petition has been filed by the petitioner/husband of the detenue

seeking to produce his wife/Boolamal @ Poonkodi aged 35 years who was

found missing.

2. When the matter is taken up today, the learned Additional Public

Prosecutor would submit that based on the complaint given by the petitioner

a case in Cr.No.124 of 2022 has been registered by the second respondent

under the caption "woman missing". During the course of investigation, it

came to light that the petitioner's wife has eloped with one Karthik - a

married man. The wife of the said Karthik has also given a complaint,

statement was also recorded from her, wherein she has stated that her

husband Karthik had eloped with the wife of the petitioner. He would

further submit that a Special team has been formed to locate the

whereabouts of the missing woman/detenue and mobile tower location of

the detenue has also been collected by the respondent police.

Page 2 of 4

https://www.mhc.tn.gov.in/judis

H.C.P.No.1221 of 2022

3. Recording the same, this habeas corpus petition stands closed with

a direction to the Deputy Superintendent of Police, Erode District. Kadathur

Police station range to supervise the investigation in Kadathur Police

Station, Erode District in Crime No.124 of 2022 and keep the petitioner

informed of the developments, if any. As and when the detenue/Boolamal

@ Poonkodi, aged about 35 years, is secured, she shall be produced before

the Judicial Magistrate, Gobichettipalayam under intimation to the

petitioner. On such production, the learned Magistrate shall pass

appropriate orders with regard to custody in accordance with law.

(S.V.N., J.) (A.D.J.C., J.)

15.07.2022

tsh

To

1.The Commissioner of Police,

Erode District.

2.The Inspector of Police,

Kadathur Police Station, Erode District.

3.The Public Prosecutor,

High Court, Madras.

Page 3 of 4

https://www.mhc.tn.gov.in/judis

H.C.P.No.1221 of 2022

S. VAIDYANATHAN, J.

AND

A.D. JAGADISH CHANDIRA, J.

tsh

H.C.P.No.1221 of 2022

15.07.2022.

Page 4 of 4

https://www.mhc.tn.gov.in/judis

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