Shanmugam v. The State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.No.223 of 2022 Shanmugam S/o.Govindaraj ..Petitioner/Father of the Detenue Vs.

1.The State represented by the Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, Attur Town Police Station, Salem District.

3.Guna S/o.Jaishankar ..Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the petitioner's daughter Narmatha d/o.Shanmugam, aged about 20 years, before this Court and set her at liberty.

For Petitioner :

Mr.E.Kannadasan For Respondents:

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter Narmatha d/o.Shanmugam, aged about 20 years, before this Court and set her at liberty.

2.It is the case of the petitioner that his daughter Narmadha went missing from 29.12.2021 and that the police are not taking effective steps to secure her.

3.On instructions, learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

submitted that earlier on 27.09.2021, Narmadha went missing and on the complaint given by the petitioner, a case in Attur Town P.S.Crime No.458 of 2021 was registered for 'woman missing' and Narmadha was secured on 06.10.2021 and was handed over to the petitioner. Even during the investigation of the case in Crime No.458 of 2021, it came to light that Narmadha was in love with the third respondent, who is admittedly a married man. Learned Additional Public Prosecutor further submitted that again Narmadha went missing on 29.12.2021 in connection with which, a case in Attur Town P.S.Crime No.3 of 2022 was registered on 03.01.2022 for 'woman missing' and investigation is pending. 4.In the aforestated circumstances, we direct the Deputy Superintendent of Police, Attur, to supervise the investigation in Attur Town P.S.Crime No.

3 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the Judicial Magistrate I, Attur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. With the above direction, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gm To

1. The Judicial Magistrate I, Attur.

2. The Superintendent of Police, Salem, Salem District.

3. The Deputy Superintendent of Police, Attur.

4. The Inspector of Police, Attur Town Police Station, Salem District.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.9470 H.C.P.No.223 of 2022 BR(CO) RGA(01/03/2022) https://hcservices.ecourts.gov.in/hcservices/