H.C.P.No.357 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

H.C.P.No.357 of 2023

M.Ponmalar

W/o.Mahendran

..

Petitioner

Vs.

1.

The Superintendent of Police

Thiruvallur District

Tamil Nadu - 602 001.

2.

State Rep. by

The Inspector of Police

C-2, Periyapalayam Police Station

Thiruvallur District.

3.

Jayanthi

W/o.Dhasarathan

..

Respondents

Petition filed under Article 226 of the Constitution of India praying

for issuance of a writ of habeas corpus to direct the 2nd respondent to

produce the body of petitioner's husband detenu Mr.Mahendran, aged 32

years detained illegally by the 3rd respondent before this Hon'ble Court and

set him at liberty.

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H.C.P.No.357 of 2023

For Petitioner

:

Mr.M.Krishnamoorthy

For Respondents

:

Mr.R.Muniyapparaj

Additional Public Prosecutor

assisted by

Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.NIRMAL KUMAR, J.,]

The petitioner, who is the wife of one 'Mahendran' [hereinafter be

referred to as 'absentee' for the sake of convenience and clarity] has filed

this Habeas Corpus Petition for the reason that her husband was found

missing from 14.11.2022. Thereafter, the petitioner lodged a complaint

before the second respondent-police and a case in Crime No.429 of 2022

was registered for 'man missing' on 21.11.2022.

2. The learned Additional Public Prosecutor mentioned the matter

before us for production of the absentee before this Court. Hence,

additional list was prepared, the petitioner was informed and thereafter the

matter was taken up for hearing.

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H.C.P.No.357 of 2023

3. It is informed that the absentee was addicted to on-line rummy

games, in which, he had suffered heavy loss and repaid his loans by

pledging the house of the petitioner. It is further informed that there was

some dispute between the petitioner and the absentee in this regard and the

absentee had left the petitioner and was roaming around.

4. The learned Additional Public Prosecutor, on instructions submits

that yesterday i.e., on 26.03.2023, the absentee was found near Koyambedu

Bus stop and he was enquired and taken to the petitioner's residence but the

petitioner failed to have any interaction with him and the petitioner seems to

be particular in redeeming the house, clearing encumbrance.

5. Today, the absentee (Mr.Mahendran) is produced before this Court.

The petitioner and third respondent are also present before this Court.

6. Today also the petitioner was asked to interact with the absentee

but she refused to do so. Her main grievance is to redeem the property

which was pledged by the absentee. It is informed by the learned Additional

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H.C.P.No.357 of 2023

Public Prosecutor that since the petitioner is not willing to take the absentee

with her, the absentee is willing to go with his mother (third respondent)

who is also present before this Court today.

7. In view of the above, this Habeas Corpus Petition is disposed of as

closed preserving the rights of the petitioner to approach an appropriate

forum / Court for redressal. There shall be no order as to costs.

(M.S.,J.)

(M.N.K.,J.)

27.03.2023

Index : Yes / No

Speaking / Non-speaking

Neutral Citation : Yes / No

mk

To

1.

The Superintendent of Police

Thiruvallur District

Tamil Nadu - 602 001.

2.

State Rep. by

The Inspector of Police

C-2, Periyapalayam Police Station

Thiruvallur District

3.

The Public Prosecutor

High Court, Madras.

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H.C.P.No.357 of 2023

M.SUNDAR, J.,

and

M.NIRMAL KUMAR, J.,

mk

H.C.P.No.357 of 2023

27.03.2023

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