C.L.Paranthaman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.109 OF 2022 C.L.Paranthaman

...Petitioner

Vs.

1.The Superintendent of Police, Vellore, Vellore District.

2.State represented by The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body or person of the detenues viz., Nathiya, aged about 31 years, Monisha, aged about 10 years and Sainisha, aged about 9 years and set them at liberty.

For Petitioner :

Mr.M.Rajinikanth For Respondents :

Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents to produce the body or person of the detenues viz., Nathiya, aged about 31 years, Monisha, aged about 10 years and Sainisha, aged about 9 years and set them at liberty.

2.

It is the case of the petitioner that his wife Nathiya along with his two daughters viz., Monisha, aged about 10 years and Sainisha, aged about 9 years, went missing from 24.11.2021 and that the police are not taking effective steps to secure them.

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3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by Mohanalingam, father of Nathiya, a case in Gudiyatham Town Police Station Crime No.538 of 2021 was registered on 26.11.2021 for 'woman and girls missing'.

4. Today, Silambarasan, Sub-Inspector of Police, Gudiyatham Town Police Station, is present before this Court via video conferencing and he produced the petitioner and the detenues viz., Nathiya, Monisha and Sainisha. The petitioner is also present in the police station.

5.

When enquired by us, Nathiya stated that on account of some differences, she has left the company of her husband and residing in Vellore. Since the parties are available in the police station, it is up to them to speak to each other and arrive at an amicable settlement.

6.

We do not find Nathiya, Monisha and Sainisha to be in the illegal custody of anyone for the issuance of a writ of habeas corpus.

Hence, this habeas corpus petition stands closed. Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar nsd To 1.The Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.109 of 2022 CP(CO) RVM(10/02/2022) https://hcservices.ecourts.gov.in/hcservices/