Elumalai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM HCP.No.548 of 2022 Elumalai

...Petitioner

Vs.

1. The Deputy Commissioner of Police, Arul Nagar, Mangalapuram, Madhavaram Milk Colony, Chennai 600 118.

2. The Assistant Commissioner of Police, Puzhal Range, Puzhal, Chennai 600 066.

3. The Inspector of Police (Law & Order), M3, Puzhal Police Station, Puzhal, Chennai 600 066.

4. Mr.Arjun

...Respondents

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the first respondent for production of body or person of petitioner's daughter Sivaranjani, aged about 20 years before this Court and set her at liberty.

For Petitioner : Mr.K.Yuvaraj For Respondents for RR1 to 3 : Mr.R.Muniyapparaj AGP

ORDER

[Order of the Court was delivered by K.KALYANASUNDARAM, J] This petition has been filed to direct the first respondent to produce the detenue Sivaranjani before this Court.

2. The petitioner is the father of the detenue viz., Sivaranjani. According to him, she is missing from 16.03.2022. Even though a complaint was given to the third respondent, but no action has been taken. Hence, the present HCP. 3.

The learned Additional Public Prosecutor Mr.R.Muniyapparaj appearing for the respondents 1 to 3 would state that the detenue was married to one Velmurugan and the marriage was performed on 06.02.2022 and when they were residing at Chennai, she was kidnapped by one Arjun/fourth respondent. On the complaint of her husband Velmurugan, a case was registered in Crime No.70/2022 and thereafter, the detenue was traced and handed over to her husband.

4. It is further stated that the petitioner again lodged a complaint on 18.03.2022 alleging that the detenue was again kidnapped by the said Arjun. Based on the complaint, the third respondent has registered a case in Crime No.465 of 2022 under 'women missing' and the investigation is going on.

5. In the light of the submissions of the learned Additional Public Prosecutor, we find no merit in the HCP and the same stands closed. However, a direction is issued to the third respondent to speed up the investigation in Crime No.465 of 2022 and secure the detenue at the earliest and take further action in accordance with law.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pvs To

1. The Deputy Commissioner of Police, Arul Nagar, Mangalapuram, Madhavaram Milk Colony, Chennai 600 118.

2. The Assistant Commissioner of Police, Puzhal Range, Puzhal, Chennai 600 066.

3. The Inspector of Police (Law & Order), M3, Puzhal Police Station, Puzhal, Chennai 600 066.

4. The Public Prosecutor, High Court, Madras.

+2ccs to Mr.K.Yuvaraj, Advocate, S.R.No.23512 HCP.No.548 of 2022 AJB[co] NSK/13/05/2022