Tmt.Shanthy v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.723 of 2015 Shanthy
...Petitioner
Vs 1.The Commissioner of Police, Commissioner's Office, Vepery, Chennai - 600 007.
2.The Inspector of Police, Pallikaranai Police Station, Chennai.
...Respondents
Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the respondents to trace and produce the body of the petitioner's missing son M.Rajkumar, son of Magendran, aged 20 yeas, studying Ist year B.Com, course at the Quaide Millath College Tambaram velachery Road, Medavakkam, Chennai - 600 100 before this Court and set him at liberty. For Petitioner :
Mr.R.Srinivasa Rao For Respondents :
Mr.A.N.Thambidurai, Additional Public Prosecutor
O R D E R
The matter was not listed today. Since the Police has secured the alleged detenu, the Registry was directed to put up a special list.
2. The petitioner, who is the mother of the detenu has filed this Habeas Corpus Petition for issuance of a direction to the respondents to trace and produce her missing son, M.Rajkumar, aged
20 years, before this Court and set him at liberty.
3. According to the petitioner, her son was missing from the College from 05.03.2015 onwards, which necessitated her to lodge a complaint before the second respondent. Since no effective steps was taken, she has come forward with this petition.
4. Today, the detenu was secured and produced before this Court. When we enquired the detenu,M.Rajkumar, he has stated before us that he had love affair with one Narmadha, who is his classmate and he got married to her. He has further stated that the said Narmadha's uncle is objecting to their marriage and threatening them with dire consequences. Therefore, they apprehend danger to their life. He expressed his willingness to go with his mother, the petitioner herein along with the girl, Narmadha, who is also present before this Court. The mother of the detenu/ petitioner has also stated that she will take care of both, her son and the girl, Narmadha.
4. Considering that the detenu is a major, he is permitted to go as per his wish. The Additional Public Prosecutor is directed to give instructions to the police concerned, to give necessary protection to the petitioner, the detenu and the girl, Narmadha, based on the complaint said to have been given by Narmadha.
5. With the aforesaid directions, the Habeas Corpus Petition stands closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vsi To 1.The Commissioner of Police, Commissioner's Office, Vepery, Chennai - 600 007.
2.The Inspector of Police, Pallikaranai Police Station, Chennai.
3.The Public Prosecutor, High Court, Chennai.
1 CC to Mr.R.Srinivasa Rao, Advocate SR.No. 15047 H.C.P.No.723 of 2015 PA(CO) PSI (06.04.2015)