S.Mariappan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.2.2016 Coram:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.188 of 2015 S.Mariappan .. petitioner vs.
1. The Inspector of Police Thudiyallur Police Station Coimbatore - 641 034
2. Sakthivel Murugan .. Respondents H.C.P. has been filed to direct the respondents to produce the body of minor daughter Vellammal Veni, D/o.S.Mariappan, aged about 17 years, and set her at liberty.
For petitioner : Mr.Thomas T.Jacob For Respondent : Mr.V.M.R.Rajentren Additional Public Prosecutor for R1 No Appearance for R2
O R D E R
(The Order of the Court was made by M.JAICHANDREN J.,) There is no appearance on behalf of the second respondent.
2. This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the first respondent to produce the body of the detenue, namely, Vellammal Veni, daughter of S.Mariappan, aged about 17 years, before this Court and set her at liberty.
3. The petitioner is the father of the detenue. The petitioner has stated that his daughter, namely, Vellammal Veni, who was studying in the 12th standard in a Government Higher https://hcservices.ecourts.gov.in/hcservices/
Secondary School, Coimbatore, had gone missing, on 14.12.2014. The petitioner has further stated that the second respondent had kidnapped the detenue. The complaint lodged by the petitioner had been taken on file by the first respondent, on 23.12.2014, in crime No.771 of 2013, as a girl missing case. However, no further steps had been taken by the first respondent to trace the detenue. Hence, the petitioner has preferred the present Habeas Corpus Petition before this Court.
4. The learned Additional Public Prosecutor appearing on behalf of the first respondent had submitted that the detenue had eloped with the second respondent. The first respondent has taken all the necessary steps to trace the detenue, as well as the second respondent. A status report, dated 3.3.2015 and the additional status report, dated 10.7.2015, had been filed before this Court.
5. From the submissions made by the learned Additional Public Prosecutor appearing on behalf of the first respondent and in view of the statements made in the said status reports filed on behalf of the first respondent, before this Court, it is noted that the first respondent has been taking sufficient steps to trace the detenue. In such circumstances, we do not find any reason to grant the relief, as prayed for by the petitioner, in the present Habeas Corpus Petition, at this stage. However, the first respondent Police is directed to continue with the investigation to trace the detenue and to take necessary steps, in accordance with law. Hence, the Habeas Corpus Petition stands closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To:
1. The Inspector of Police, Thudiyallur Police Station, Coimbatore - 641 034.
2. The Public Prosecutor, High Court, Madras.
H.C.P.No.188 of 2015 rsi[co] srg 23/03/2016 https://hcservices.ecourts.gov.in/hcservices/