C.Thiyagarajan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.04.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN H.C.P.No.696 of 2021 C.Thiyagarajan .. Petitioner Vs.

1.The Superintendent of Police Mayiladuthurai 2.The Inspector of Police Sembanar Police Station Nagapattinam District 3.Premnath .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 1st respondent to produce the petitioner's daughter viz., Arunthadhi, aged 21 years, before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.J.Venkitachalam for Mr.D.Saikumaran For R1 and R2 : Mr.R.Prathap Kumar Additional Public Prosecutor For R3 : Mr.Pandiyaraj ------

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his daughter viz., Arunthadhi, aged 21 years, went missing from 07.04.2021 and that the police have not taken effective steps to secure her.

2. On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that, on a complaint given by the petitioner, a case in Sembanar Koil P.S.Crime No.193 of 2021 has been registered for 'girl missing' on 12.04.2021 and investigation is in progress.

3. Mr.Pandiyaraj, learned counsel (Enrolment No.2441/2011; Mobile No.96298 29392) entered appearance for Premnath/R3 and submitted that Arunthadhi and Premnath got married on 13.04.2021. He further submitted that Arunthadhi is not in the illegal custody of Premnath, inasmuch as she has got married to him.

Recording the submission made by the learned counsel appearing for Premnath, this Habeas Corpus Petition stands closed with a direction to the police to proceed with the investigation in Sembanar Koil P.S.Crime No.193 of 2021 and produce the detenue before the Judicial Magistrate, Thiruchampalli, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate Thiruchampalli 2.The Superintendent of Police Mayiladuthurai 3.The Inspector of Police Sembanar Police Station Nagapattinam District Vellavedu 600 124 4.The Public Prosecutor High Court, Madras H.C.P.No.696 of 2021 A.SK(28.06.2021)

30.04.2021