Thushyanthini v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.87 OF 2022 Thushyanthini

...Petitioner

Vs.

1.The Commissioner of Police, Tambaram, Chennai.

2.The Inspector of Police, Thazhambur Police Station, Chengalpattu Dist.

3.Anand, S/o. Durai.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st and 2nd respondents to produce the detenue Anolin Jemi, D/o. Arivalagan, aged about 21 years, daughter of the petitioner from the illegal custody of the 3rd respondent herein before this Hon'ble Court and set her at liberty.

For Petitioner :

Mr.S. Arumugam For R1 & R2 :

Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents 1 and 2 herein to produce the detenue Anolin Jemi, D/o.Arivalagan, aged about 21 years, daughter of the petitioner, from the illegal custody of the 3rd respondent herein, before this Hon'ble Court and set her at liberty.

2. It is the case of the petitioner that she got her daughter Anolin Jemi, 21 years, married to one Sayanthan on 04.10.2021 and after marriage, Sayanthan left India in connection with his job, but, however, Anolin Jemi was staying https://hcservices.ecourts.gov.in/hcservices/

with the petitioner. It appears that the petitioner found some gold jewels missing from her house. When she questioned her daughter Anolin Jemi, latter stated that she had pledged the jewels and given the money to one Anand (3rd respondent herein). On 21.12.2021, Anolin Jemi left the petitioner's home and thereafter, her whereabouts are not known.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thazhambur Police Station Crime No.936/2021 has been registered on 22.12.2021 for "woman missing" and investigation is in progress.

Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Kelambakkam, to supervise the investigation in Thazhambur Police Station Crime No.936/2021 and keep the petitioner informed of the developments, if any. As and when the detenue Anolin Jemi, D/o.Arivalagan, aged about 21 years, is secured, she shall be produced before the Judicial Magistrate-I, Chengalpattu, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar bga To 1.The Judicial Magistrate-I, Chengalpattu.

2.The Assistant Commissioner of Police, Kelambakkam.

3.The Commissioner of Police, Tambaram, Chennai.

4.The Inspector of Police, Thazhambur Police Station, Chengalpattu Dist.

5.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.S.Arumugam, Advocate Sr.No.4779 H.C.P.No.87 of 2022 RLD(CO) RVM(27/01/2022) https://hcservices.ecourts.gov.in/hcservices/