Muniraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2872 of 2015 Muniraj .. Petitioner vs.

1. The Inspector of Police, Palacode Police Station, Dharmapuri District.

2. K.Sakthi .. Respondents H.C.P. has been filed for a writ of Habeas Corpus directing the 1st respondent to produce the corpus of the detenue Aruna, Dharsini and Dhanush from the illegal custody of the 2nd respondent before this Court and set them at liberty.

For petitioner : Mr.V.Elangovan For 1st Respondent : Mr.V.M.R.Rajentran, Addl. Public Prosecutor (Crl.side)

O R D E R

This Habeas Corpus Petition has been filed to direct the 1st respondent to produce the detenues, namely, Aruna, Dharsini and Dhanush, from the illegal custody of the 2nd respondent and to set them at liberty.

2.

The petitioner has stated that he is the father of the detenue, namely, Aruna, aged about 28 years. It has been further stated that he is working as a Coolie. He has further stated that Aruna had been married to one Pattappan, 15 years back, and they had two children, namely, Dharshini and Dhanush, aged about 9 years and 7 years, respectively. As the daughter of the petitioner had been harassed by her husband, she had left the matrimonial home and had been living in her parental home. While so, on 07.10.2014, the daughter of the petitioner, along with her children, had gone to St.Paul School, to pay the school fees. However, they did not return home. Thereafter, the petitioner had lodged a complaint before the 1st respondent, on 18.10.2014, in connection with which a case, in Crime No.400 of 2014 of ''Woman https://hcservices.ecourts.gov.in/hcservices/

and Children Missing'', has been registered, by the 1st respondent. In these circumstances, the petitioner has filed the present Habeas Corpus Petition.

3.

A Status Report, dated 01.02.2016, had been filed before this Court in which it has been stated that, upon registration of a case, in Cr.No.400/2015, on the complaint lodged by the petitioner, the investigation is under progress. The details of the missing persons had been given to the City Crime Record Bureau and photographs of the missing persons also had been published in the Newspapers. A Special Team had also been formed for investigating the matter. They have travelled to various places in search of the missing persons. The Superintendent of Police, Dharmapuri District had also formed a team, for tracing the missing persons, under the Central Government Scheme called ''Operation Smile''.

4.

In view of the Status Report filed on behalf of the 1st respondent, we find that sufficient steps are being taken, by the 1st respondent police, to trace the missing persons. 5.

In such circumstances, we find it appropriate to close the Habeas Corpus Petition, as no further orders are necessary, at this stage. Hence, the Habeas Corpus Petition is closed. However, the 1st respondent shall continue the investigation and trace the missing detenues', as expeditiously as possible and keep the petitioner informed about the same.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar tsi To:

1. The Superintendent of Police Dharmapuri District 2.The Inspector of Police, Palacode Police Station, Dharmapuri District.

3. The Additional Public Prosecutor High Court, Madras 1 cc to Mr.S. Doraisamy, Advocate, Sr. 6832 H.C.P.No.2872 of 2015 PS (CO) kk 18/2 https://hcservices.ecourts.gov.in/hcservices/