R.Janakiraman v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.No.464 of 2022 R.Janakiraman .. Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2.The State represented by The Inspector of Police, J-13, Tharamani Police Station, Chennai - 113.

.. Respondents Habeas Corpus 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 Ramya, aged 26 years, before this Court and set her at liberty. For Petitioner :Mr.S.Santosh 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 to produce the petitioner's daughter Ramya, aged 26 years, before this Court and set her at liberty.

2. It is the case of the petitioner that his daughter Ramya, aged 26 years, went missing from 07.01.2022 and that the police are not taking effective steps to secure her.

3. Today, Mr.J.Ravichandran [HC 32342], J13 - Taramani Police Station, [Mobile No.94981 04191] is present.

4. On instructions, learned Additional Public Prosecutor appearing for the State submitted that on the complaint given by the petitioner, a case has been registered in Tharamani P.S.Crime No.11 of 2022 for 'woman missing' and during the course of investigation, it came to light that Ramya was having affair with one Suganath and that she has eloped with him and to that effect, she has sent a letter, by courier, to the Inspector of Police, Tharamani Police Station.

5. In view of the above, it cannot be stated that Ramya is in the illegal custody of the respondents for issuance of a writ of habeas corpus. However, we direct the Assistant Commissioner of Police, Tharamani, to supervise the investigation in Tharamani P.S.Crime No.11 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, she shall be produced before the XVIII Metropolitan Magistrate, Saidapet, 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(CO) // True Copy // Sub Assistant Registrar gm To 1.The XVIII Metropolitan Magistrate, Saidapet.

2.The Assistant Commissioner of Police, Tharamani.

3.The Commissioner of Police, Greater Chennai, Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

4.The Inspector of Police, J-13, Tharamani Police Station, Chennai - 113.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Santhosh, Advocate SR.No.20014 H.C.P.No.464 of 2022 MG(CO) CB(31/03/2022)