Salamma v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.481 of 2021 Salamma, W/o.Venkatesh ... Petitioner versus

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

2. The Inspector of Police, All Women Police Station - Mettur, Salem District.

3. Babu

4. Sankar

5. Singaram

6. Rajammal

7. Neelambu

8. Palanisamy

9. Selvi D/o.Venkatesh ... Respondents [9th respondent impleaded as per the order of this Court in Crl.M.P.No.6502 of 2021 in H.C.P.No.481 of 2021 vide order dated 25.06.2021] Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the first respondent to produce the petitioner's minor daughter Selvi, aged about 17 years, before this Court from the custody of 3rd to 8th respondents and handover to the petitioner herein. For Petitioner : Mr.L.Poovendra Perumal For Respondent Nos.1 & 2 : Mr.R.Muniyapparaj Government Advocate [Crl. Side] For Intervenor : Mr.Karthikeyan https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her daughter viz. Selvi, aged about 17 years, went missing since 16.02.2021 and that, she is in the illegal custody of Babu (3rd respondent). It is her further grievance that, the Police are not taking effective steps to secure her.

2. During the pendency of this Habeas Corpus Petition, detenue Selvi filed an Intervening Petition in Crl.M.P.No.6502 of 2021 through Mr.Karthikeyan, Advocate. Mr.Karthikeyan, stated that Selvi is not willing to go with her mother (petitioner) and that, she wants to marry the 3rd respondent.

3. Be that as it may, we direct the detenue Selvi be produced before the Inspector of Police, All Women Police Station - Mettur, in Crime No.5 of 2021, who in turn shall be produced before the learned Judicial Magistrate No.II, Mettur, under intimation to the petitioner. On such production, the learned Magistrate, shall pass appropriate orders with regard to the custody of the detenue Selvi.

4. With the above direction, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sri To

1. The Judicial Magistrate No.II, Mettur.

2.

The Superintendent of Police, Salem District, Salem.

3.

The Inspector of Police, All Women Police Station - Mettur, Salem District.

4.

The Public Prosecutor, High Court, Madras.

H.C.P.No.481 of 2021 SR-II(CO) CT/28/07/2021 https://hcservices.ecourts.gov.in/hcservices/