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Madras High CourtHCP/155/2022closed

V.Kalaiyarasan v. The Superintendent Of Police,

2022-02-04Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.No.155 of 2022 V.Kalaiyarasan ... Petitioner Vs.

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

2.The Inspector of Police, Sirkazhi Police Station, Sirkazhi, Mayiladuthurai District.

3.Manimuthu 4.Datchayani 5.Akalya ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the body of my daughter K.Anbukani, aged 29 years, before this Court in connection to the Crime No.1145 of 2021 on the file of the second respondent police and to set her at liberty.

For Petitioner : Mr.D.Senthilkumar 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 2nd respondent to produce the body of my daughter K.Anbukani, aged 29 years, before this Court in connection to the Crime No.1145 of 2021 on the file of the second respondent police and to set her at liberty. 2.

It is the case of the petitioner that his daughter Anbukani, aged about 29 years, went missing from 24.07.2021 and thereafter, her whereabouts are not known and it is the grievance of the petitioner that the police are not taking effective steps to secure her.

3.

On instructions, the Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Sirkazhi Police Station Crime No.1145 of 2021 was registered on 29.07.2021 for 'woman missing' and the preliminary enquiry revealed that Anbukani and one of her friends by name Kaarthikeyani were close friends and both of them are missing since 24.07.2021.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Sirkazhi Sub-Division, to supervise the investigation in Sirkazhi Police Station Crime No.1145 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Anbukani, aged about 29 years, is secured, she shall be produced before the Judicial Magistrate Court, Sirkazhi, 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 // TRUE COPY // SUB ASSISTANT REGISTRAR nsd To 1.The Judicial Magistrate, Sirkazhi.

2.The Deputy Superintendent of Police, Sirkazhi Sub-Division.

3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

4.The Inspector of Police, Sirkazhi Police Station, Sirkazhi, Mayiladuthurai District.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Senthilkumar, Advocate Sr.7159 H.C.P.No.155 of 2022 nmi[co] srg 15/02/2022