Govindasamy v. The Commissioner 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.533 of 2022 Govindasamy ..Petitioner Vs.
1.The Commissioner of Police, Salem City.
2.The Inspector of Police, Salem Town Police Station, Salem City.
(Crime No.615/2021) 3.The Inspector of Police, Pallapatty Police Station, Salem City.
(Crime No.59 of 2022) 4.S.Sarankumar ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 3rd respondent to secure and produce the petitioner's daughter G.Sumitha, aged 28 years, daughter of Govindasamy, before this Court from the illegal custody of the 4th respondent. For Petitioner : Mr.B.Vasudevan For RR 1 to 3 : 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 3rd respondent to secure and produce the
petitioner's daughter G.Sumitha, aged 28 years, daughter of Govindasamy, before this Court from the illegal custody of the 4th respondent.
2.
It is the case of the petitioner his daughter Sumitha, aged about 28 years, went missing from 24.09.2021 and that the police are not taking effective steps to secure her. 3.
Today, S.Sekar (Mobile No.94981 17072), Special Sub-Inspector of Police, Pallpatty Police Station, Salem District, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Salem Town Police Station Crime No.615 of 2021 was registered on 15.12.2021 and thereafter, on account of territorial jurisdiction, the case was transferred to the file of the Pallapatty Police Station and was re-registered as Crime No.59 of 2022 for 'woman missing' and the investigation conducted by the police revealed that Sumitha has eloped with Sarankumar, fourth respondent herein.
In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Sooramangalam Sub-Division, Salem District, to supervise the investigation in Pallapatty Police Station Crime No.59 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Sumitha, aged about 28 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Pallapatty, Salem District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar nsd
To 1.The Judicial Magistrate No.II, Pallapatty, Salem District.
2.The Deputy Superintendent of Police, Sooramangalam Sub-Division, Salem District.
3.The Commissioner of Police, Salem City.
4.The Inspector of Police, Salem Town Police Station, Salem City.
(Crime No.615/2021) 5.The Inspector of Police, Pallapatty Police Station, Salem City.(Crime No. 59/2022) 6.The Public Prosecutor, High Court, Madras.
H.C.P.No.533 of 2022 GPL(CO) SP(21/04/2022)