Danavel v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.531 of 2022 Danavel .. Petitioner Vs.

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

2.The Inspector of Police, Sankarapuram Police Station, 3.Mahendran .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's minor Kanimozhi, D/o.Danavel, aged about 17 years, before this Court from the illegal custody of the 3rd respondent and hand over to the petitioner. For Petitioner : Mr.J.Pradeep For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents to produce the petitioner's minor Kanimozhi, D/o.Danavel, aged about 17 years, before this Court from the illegal custody of the 3rd respondent and hand over to the petitioner.

2.

It is the case of the petitioner his daughter

Kanimozhi, aged about 17 years, went missing from 14.01.2022 and that the police are not taking effective steps to secure her. 3.

Today, K.Purushoth Singh (Mobile No.94981 51967), Head Constable 1615, Sankarapuram Police Station, Kallakurichi District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Sankarapuram Police Station Crime No.25 of 2022 has been registered on 15.01.2022 for 'girl missing' and the detenue Kanimozhi was secured on 28.01.2022 and handed over to her parents; thereafter, again she has gone missing; investigation conducted so far revealed that Kanimozhi has eloped with Mahendran, third respondent herein. In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Thirukovilur Sub-Division, Kallakurichi District, to supervise the investigation in Sankarapuram Police Station Crime No.25 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Kanimozhi, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court, Sankarapuram, Kallakurichi District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate, Sankarapuram, Kallakurichi District.

2.The Deputy Superintendent of Police, Thirukovilur Sub-Division, 3.The Superintendent of Police, The Superintendent Office, Kallakurichi & District.

4.The Inspector of Police, Sankarapuram Police Station, 5.The Public Prosecutor, High Court, Madras.

H.C.P.No.531 of 2022 SKM(CO) SB(20/04/2022)