H.C.P.No.2555 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

H.C.P.No.2555 of 2022

Raja

.. Petitioner

Vs.

1.The Superintendent of Police

O/o.The Superintendent of Police

Near Collectorate Office

Namakkal

2.The Inspector of Police

Vennandur Police Station

Namakkal District

.. Respondents

Petition filed under Article 226 of the Constitution of India, praying to

issue a WRIT OF HABEAS CORPUS to direct the 2^nd respondent to find the

petitioner's sister viz., Rathika, aged about 35 years and produce her before

this Court and set her at liberty.

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H.C.P.No.2555 of 2022

For Petitioner

Mr.V.Anandhamurthy

For Respondents Mr.R.Muniyapparaj

Additional Public Prosecutor

O R D E R

(Made by P.N.PRAKASH, J.)

It is the case of the petitioner that his sister viz., Rathika, aged 35

years, W/o.Thangarasu, went missing on 01.10.2022; he is unable to trace

her sister; despite lodging of a complaint, the police are not taking effective

steps to secure her and hence, the present habeas corpus petition seeking a

direction to the 2^nd respondent to produce her before this Court and set her at

liberty.

2. Today, Mr.P.Subramaniyam, Special Sub-Inspector of Police,

Vennandur Police Station, is present before this Court.

3. On instructions, the learned Additional Public Prosecutor submitted

that on a complaint given by Thangarasu, a case in Vennandur P.S. Crime

No.208 of 2022 has been registered on 02.10.2022 for “woman-missing”

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H.C.P.No.2555 of 2022

and during the course of investigation, it came to light that Radhika has

some difference of opinion with her husband Thangarasu and therefore, she

has left the matrimonial home, leaving the two children with her husband.

4. In such view of the matter, it cannot be stated that Radhika is in the

illegal custody of the respondents. However, we direct the Deputy

Superintendent of Police, Rasipuram, to supervise the investigation in

Vennandur P.S. Crime No.208 of 2022 and ensure that the investigation is

completed expeditiously and keep the petitioner informed of the

developments, if any. As and when the detenue viz., Radhika is secured, she

shall be produced before the Judicial Magistrate No.II, Rasipuram, under

due intimation to the petitioner and Thangarasu. On such production, the

learned Magistrate shall pass appropriate orders with regard to the custody

of the detenue.

With the above directions, this habeas corpus petition stands closed.

[P.N.P., J.] [N.A.V.,

J.]

13.12.2022

gya

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H.C.P.No.2555 of 2022

P.N.PRAKASH, J.

AND

N.ANAND VENKATESH, J.

gya

To

1.The Superintendent of Police

O/o.The Superintendent of Police

Near Collectorate Office

Namakkal

2.The Deputy Superintendent of Police

Rasipuram

3.The Judicial Magistrate No.II

Rasipuram

H.C.P.No.2555 of 2022

4.The Inspector of Police

Vennandur Police Station

Namakkal District

5.The Public Prosecutor

Madras High Court

Chennai

13.12.2022

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