BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09/05/2007 CORAM THE HONOURABLE MS.JUSTICE K.SUGUNA and THE HONOURABLE MR.JUSTICE G.RAJASURIA HCP (MD)No.189 of 2007 S.Mahalingam .. Petitioner Vs. 1. The Sub Inspector of Police, Kovilpatti East Police Station, Kovilpatti, Tuticorin District. 2. Mr.Solomon Rajan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Habeas Corpus, directing the respondents to produce the body of Ms.Idhaya Kamalam, wife of Mahalingam, before this Court and set her at liberty. !For Petitioner : Mr.S.Pon Senthil Kumaran For Respondents : Mr.S.P.Samuel Raj, Addl.Public Prosecutor. :ORDER
(Order of the Court was made by G.RAJASURIA,J)
Heard the learned counsel for the petitioner as well as the learned
Additional Public Prosecutor for the State.
2.This petition has been filed seeking for issuance of a writ of
habeas corpus, directing the respondents to produce the body of Ms.Idhaya
Kamalam, wife of the petitioner, before this Court and to set her at liberty.
3.At the hearing, learned Additional Public Prosecutor would submit
that on the complaint given by the petitioner an FIR has been registered in
Crime No.300/2007 for the offence under Section 365 IPC. Learned Additional
Public Prosecutor also would submit that the police is sincerely looking into
the matter.
4.Learned counsel for the petitioner would air the grievance of the
petitioner to the effect that the petitioner does not know whether the detenue
is alive or not, for which the learned Additional Public Prosecutor would submit
that the police is looking into the matter and taking appropriate action.
5.Hence, in this circumstance, without deciding the truth or
otherwise of the allegation, we would like to issue the following direction.
The police shall continue their investigation and trace the detenue,
enquire her and if necessary produce her before the Magistrate Court concerned.
If the investigation reveals otherwise, then suitable action, as per law, shall
be taken.
6.With the above direction, the habeas corpus petition is closed.
To
1.The Sub Inspector of Police,
Kovilpatti East Police Station,
Kovilpatti,
Tuticorin District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.