Amutha v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.139 of 2021 Amutha .. Petitioner Vs.

1.The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Sendurai Police Station, Ariyalur.

3.Jaishankar .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct the 2nd respondent herein to produce the body of the petitioner's daughter Mahalakshmi, aged about 23 years, before this Court and to set her at liberty.

For Petitioner : Mr.M.Manimaran For RR 1 & 2 : Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The habeas corpus petition has been filed seeking to direct the 2nd respondent herein to produce the body of the petitioner's daughter Mahalakshmi, aged about 23 years, before this Court and to set her at liberty.

2.

It is the case of the petitioner that her daughter Mahalakshmi, aged about 23 years, went missing from 09.01.2021 and that the police are not taking effective steps to secure her.

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3.

Today, Mr.M.Subramani, Sub-Inspector of Police, Sendurai Police Station, Ariyalur, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by one Kanimozhi, a close relative of the petitioner, a case in Sendurai Police Station Crime No.26 of 2021 for 'woman missing' was registered on 10.02.2021 and during the course of investigation, it came to light that Mahalakshmi was in love with the third respondent and has eloped with him.

5.

The learned counsel for the petitioner submitted that the third respondent is already a married person with children. Be that as it may, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Ariyalur, to monitor the investigation in Sendurai Police Station Crime No.26 of 2021 and keep the petitioner informed of the developments, if any. As and when Mahalakshmi (detenue) is secured, she may be produced before the Judicial Magistrate Court, Sendurai, under intimation to the petitioner. On such production, the learned Judicial Magistrate, Sendurai, shall pass appropriate orders with regard to the custody of the detenue in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate, Sendurai, Ariyalur District.

2.The Superintendent of Police, Ariyalur District.

3.The Inspector of Police, Sendurai Police Station, Ariyalur.

4.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.M.Manimaran, Advocate Sr.No. 5199 H.C.P. No.139 of 2021 SR(CO) RMP(19/03/2021) https://hcservices.ecourts.gov.in/hcservices/