K.Rajamalli Kuppusamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.488 of 2021 K.Rajamalli Kuppusamy .. Petitioner Vs.

1. The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Deputy Superintendent of Police, Ulundurpet Circle,

3. The Inspector of Police, Edaikkal Police Station, 4.Karthikeyan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 3rd respondent to produce the petitioner's daughter Kasthuri Kuppusamy, aged about 22 years, before this Court and set her at liberty.

For Petitioner : Mr.A.Nizar Ahamad For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 3rd respondent to produce the petitioner's daughter Kasthuri Kuppusamy, aged about 22 years, before this Court and set her at liberty.

2.

It is the case of the petitioner that her daughter Kasthuri Kuppusamy, aged about 22 years, who was married to one Karthikeyan, fourth respondent herein, went missing since 30.07.2020 and that the police are not taking effective steps to secure her.

3.

On instructions, the learned Government Advocate (Crl.Side) submitted that on a complaint given by the petitioner, a case in Edaikkal Police Station Crime No.103 of 2021 has been registered on 29.03.2021 for 'woman missing' and investigation is in progress. He also submitted that the fourth respondent has filed a divorce proceedings in H.M.O.P.No.3 of 21 before the Subordinate Court, Ulundurpet, against Kasturi Kuppusamy.

In view of the above, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Kallakurichi, to monitor the investigation in Edaikkal Police Station Crime No.103 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Kasturi Kuppusamy, aged about 22 years, is secured, she may be produced before the Judicial Magistrate No.I, Ulundurpet, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate-I, Ulundurpet.

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

3. The Deputy Superintendent of Police, Ulundurpet Circle,

4. The Inspector of Police, Edaikkal Police Station,

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

6. The Deputy Superintendent of Police, Kallakuruchi.

H.C.P.No.488 of 2021 RLD(CO) HS(14/07/2021)