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Madras High CourtHCP/367/2021closed

Krishnan v. The Superintendent Of Police,

2021-03-05Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice V.SIVAGNANAM H.C.P. No.367 of 2021 Krishnan .. Petitioner Vs.

1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Deevattipatti Police Station, Salem District.

3.Kumar .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the second respondent herein to produce the body and person of petitioner's daughter viz, Meena, wife of Sakthivel, aged about 27 years, before this Court and set her at liberty forthwith. For Petitioner :

Mr.C.Pavendhan For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by V.SIVAGNANAM, J.] This habeas corpus petition has been filed seeking to direct the second respondent herein to produce the body and person of petitioner's daughter viz, Meena, wife of Sakthivel, aged about 27 years, before this Court and set her at liberty forthwith.

2.

It is the case of the petitioner that his daughter Meena, wife of Sakthivel, aged about 27 years, went missing since 21.12.2020 and that the police are not taking effective steps to secure her.

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3.

On instructions, the learned Additional Public Prosecutor submitted that Meena (detenue) has eloped with Kumar, third respondent, earlier on 05.09.2020, in connection with which, on a complaint given by her husband Sakthivel, a case in Tharamangalam Police Station C.S.R.No.181 of 2020 was registered; during enquiry, Meena (detenue) was secured and her custody was given to her parents on 11.09.2020; again on 21.12.2020, Meena (detenue) has eloped with Kumar, in connection with which, on a complaint given by the petitioner, a case in Deevattipatti Police Station Crime No.108 of 2021 was registered and the investigation is in progress.

In such view of the matter, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Omalur Sub-Division, to monitor the investigation in Deevattipatti Police Station Crime No.108 of 2021 and keep the petitioner informed of the developments, if any. As and when Meena, wife of Sakthivel, aged about 27 years, is secured, she may be produced before the Judicial Magistrate Court, Omalur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate, Omalur, Salem.

2.The Deputy Superintendent of Police, Omalur Sub-Division, Salem.

3.The Superintendent of Police, Salem District.

4.The Inspector of Police, Deevattipatti Police Station, Salem District.

5.The Public Prosecutor, Madras High Court, Chennai - 600 104.

+1cc to Mr.G.Pavendhan, Advocate, S.R.No. 14272 H.C.P. No.367 of 2021 SR II(CO) GN(24/03/2021) https://hcservices.ecourts.gov.in/hcservices/