Mr.S.Kalaimani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUDHAKAR AND THE HON'BLE MR.JUSTICE P.N. PRAKASH H.C.P. No.1116 of 2015 S.Kalaimani ..Petitioner vs.

1.The Inspector of Police Puduchattiram Police Station Cuddalore District.

Cr.No.28/2015 2.Sridhar ..Respondents [R2 impleaded as per order of this Court dated 30.04.2015] Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondent to retrieve petitioner's daughter Soundarya (minor), aged about 16 years and produce her before this Court and set her at liberty.

For petitioner : Mr.E.Kotteeswaran For R1 : Mr.A.N.Thambidurai Additional Public Prosecutor

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This petition has been filed seeking a direction to the respondent police to retrieve petitioner's daughter Soundarya (minor), aged about 16 years and produce her before this Court and set her at liberty.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. https://hcservices.ecourts.gov.in/hcservices/

3. It is the case of the petitioner that her daughter Soundarya, aged about 16 years has eloped with one Sridhar, in connection with which a case in Puduchathiram Police Station Cr.No.28 of 2015 was initially registered for "Girl Missing" and later it has been altered to one under Section 366(A) IPC. The respondent police have filed two Status Reports detailing the steps taken by them for securing the detenue and her abductor, wherein it is stated as follows: "10. I submit that I have given requisition to the Nodal Officer, concerned cell phone company for getting call details of the accused Sridhar mobile no.8675491617, 8675389478 and 9037720200. I have received call details of above said mobile numbers and the tower location of the said two mobile numbers stands at Kerala."

In view of the above, we are of the opinion that the police should be allowed to proceed with the investigation and apprehend the accused and the victim girl and produced them before the jurisdictional Magistrate with promptitude.

Recording the same, this Habeas Corpus Petition is closed. Gms Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police Puduchattiram Police Station Cuddalore District.

2. The Public Prosecutor High Court of Madras Chennai.

H.C.P.No.1116 of 2015 AK(CO) SD : 28/12/2015 https://hcservices.ecourts.gov.in/hcservices/