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