Dhasarathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice V.SIVAGNANAM H.C.P. No.363 of 2021 Dhasarathan .. Petitioner Vs.

1.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2.The Deputy Commissioner of Police, R-1, Mambalam Police Station, 1st Floor, Madley Road, T.Nagar, Chennai - 600 017.

3.The Inspector of Police, R-10, MGR Nagar Police Station, MGR Nagar, Chennai - 600 083.

4.Govindhan .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's daughter Malathi, 18 years, before this Court from the illegal custody of the 4th respondent and set her at liberty.

For Petitioner : Mr.R.Ragavendran 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 respondents to produce the petitioner's daughter Malathi, aged about 19 years, before this Court from the illegal custody of the 4th respondent and set her at liberty.

2.

It is the case of the petitioner that her daughter Malathi, aged about 19 years, went missing from 04.02.2021 and that the police are not taking effective steps to secure her. 3.

Today, Mr.R.Senthil Kumar (Mobile No.90030 80694), Head Constable 32389, R-10, MGR Nagar Police Station, Chennai, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in MGR Nagar Police Station Crime No.81 of 2021 was registered for 'girl missing' on 21.02.2021. He further submitted that on a complaint given by Kasi, father of Govindhan/fourth respondent herein, a case in MGR Nagar Police Station Crime No.86 of 2021 was registered for 'man missing' and this Court has also disposed of H.C.P.No.291 of 2021 on 22.02.2021.

5.

In the result, this habeas corpus petition is closed with a direction to the Assistant Commissioner of Police, Ashok Nagar, to monitor the investigation in MGR Nagar Police Station Crime No.81 of 2021 and keep the petitioner informed of the developments, if any. As and when Malathi, aged about 19 years, is secured, she may be produced before the XXIII Metropolitan Magistrate Court, Saidapet, Chennai, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Assistant Commissioner, Ashok Nagar, Chennai.

3.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

4.The Deputy Commissioner of Police, R-1, Mambalam Police Station, 1st Floor, Madley Road, T.Nagar, Chennai - 600 017.

5.The Inspector of Police, R-10, MGR Nagar Police Station, MGR Nagar, Chennai - 600 083.

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

+1cc to Mr.R.Ragavendran, advocate, sr no.14510 H.C.P. No.363 of 2021 SS(CO) RMP(31/03/2021)