Ramakrishnan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.508 of 2022 Ramakrishnan ... Petitioner/Father of Detenue Vs.

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

2.The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

3.Thangavel 4.Alamelu 5.Thirumalai ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the detenue Deepalakshmi, aged 21 years, from the illegal custody of the respondents 3 to 5 before this Court and set her at liberty.

For Petitioner : Mr.S.Manikandan 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 2nd respondent to produce the detenue Deepalakshmi, aged 21 years, from the illegal custody of the respondents 3 to 5 before this Court and set her at liberty. 2.It is the case of the petitioner that his daughter Deepalakshmi, aged 21 years, went missing from 02.03.2022 and that the police are not taking effective steps to secure her. 3.Strangely, the petitioner has not impleaded the Inspector of Police, Sankarapuram Police Station, as a respondent, instead, he has impleaded the Inspector of Police, Kallakurichi Police Station. However, today, A.Balasubramanian (Mobile No.94981 52057), Special Sub-Inspector of Police, 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.107 of 2022 was registered on 08.03.2022 for 'woman missing' and during the course of investigation, it came to light that the detenue Deepalakshmi was in love with Thirumalai, fifth respondent herein and has eloped with him.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Thirukovilur Sub-Division, to supervise the investigation in Sankarapuram Police Station Crime No.107 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Deepalakshmi, aged about 21 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 // TRUE COPY // SUB ASSISTANT REGISTRAR

nsd To 1.The Judicial Magistrate, Sankarapuram, Kallakurichi District.

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

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

4.The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

5.The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

6.The Public Prosecutor, High Court, Madras.

H.C.P.No.508 of 2022 skm[co] srg 08/04/2022