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Madras High CourtHCP/452/2021closed

Palani v. The Superintendent Of Police

2021-07-02Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.NO.452 OF 2021 Palani .. Petitioner .Vs.

1.

The Superintendent of Police The Superintendent of Police Office Kallakurichi District 2.

The Inspector of Police Thiyagadurgam Police Station Kallakurichi District 3.

Arulpandi .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2nd respondent to produce the petitioner's daughter Barathi, aged about 19 years, before this Hon'ble Court and set her liberty from the illegal custody of the 3rd respondent. For Petitioner : Mr.J.Pradeep For R1 and R2 : Mr.R.Muniyapparaj Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that, his daughter viz., Barathi, aged about 19 years, went missing from 02.02.2021 and that police are not taking effective steps to secure her.

2. On instructions, Mr.Muniyapparaj, learned Government Advocate (Crl. Side) submitted that, on a complaint given by the petitioner, a case in Thiyagadurgam P.S.Crime No.83 of 2021 has been registered on 02.02.2021 under Sections 306 and 109 IPC against 3rd respondent and investigation is in progress; https://hcservices.ecourts.gov.in/hcservices/

preliminary investigation conducted by the police revealed that the petitioner's daughter Barathi had eloped with the 3rd respondent.

In such view of the matter, this Habeas Corpus Petition is closed with a direction to the 2nd respondent police to produce the detenue viz., Barathi before the Judicial Magistrate No.II, Kallakurichi, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenue.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gya To 1.

The Superintendent of Police The Superintendent of Police Office Kallakurichi District 2.

The Judicial Magistrate No.II Kallakurichi 3.

The Inspector of Police Thiyagadurgam Police Station Kallakurichi District 4.

The Public Prosecutor High Court, Madras.

H.C.P.No.452 of 2021 PMK(CO) CS/29/07/2021 https://hcservices.ecourts.gov.in/hcservices/