S.Packrisamy v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.638 of 2021 S.Packrisamy .. Petitioner Vs.
1.The Superintendent of Police, O/o. Superintendent of Police, Thiruvarur District.
2.The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District.
3.K.Murugadoss ..Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records in Crime No.362 of 2021 dated 11.04.2021 on the file of the second respondent and direct the respondents herein to produce the body of the petitioner's daughter namely Iswariya, aged 30 years, who is in the illegal custody of the third respondent and set her at liberty.
For Petitioner : Mr.S.Esakkimuthu For Respondents :
Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 and R2
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the second respondent and direct the respondents herein to produce the body of the petitioner's daughter namely Iswariya, aged 30 years, who is in the illegal custody of the third respondent and set her at liberty. 2.
It is the case of the petitioner that his daughter Iswariya, aged about 30 years, who got married to one Karunakaran in 2009 and blessed with two children, went missing from 07.04.2021 and that the police are not taking effective steps to secure her.
3.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Tiruvarur Taluk Police Station Crime No.362 of 2021 for 'woman missing' was
registered on 11.04.2021 and during the course of investigation, it came to light that Iswariya has eloped with Murugadoss, third respondent herein. Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Tiruvarur Sub-Division, to monitor the investigation in Tiruvarur Taluk Police Station Crime No.362 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Iswariya, aged about 30 years, is secured, she shall be produced before the Judicial Magistrate Court, Tiruvarur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law. (P.N.P.,J.) (R.P.A.,J.) 23.04.2021 Index: Yes/No nsd
To 1.The Judicial Magistrate, Tiruvarur.
2.The Deputy Superintendent of Police, Tiruvarur Sub-Division.
3.The Superintendent of Police, O/o. Superintendent of Police, Thiruvarur District.
4.The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District.
5.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH,J.
and R.PONGIAPPAN,J.
nsd H.C.P.No.638 of 2021 23.04.2021