M.Kilamensmery v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1062 of 2020 M.Kilamensmery ... Petitioner -vs1.The Superintendent of Police, Ariyalur, Ariyalur District.

2.State By The Inspector of Police, Andimadam Police Station, Ariyalur District.

3.Arulmari ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus to direct the 1st and 2nd respondents herein to produce the body and person of the Detenue by name Jasmine Diyana, Daughter of Mariyanathan, aged about 19 years before this Court, from the illegal custody of the 3rd respondent and set her at liberty.

For Petitioner : Mr.K.Balu For Respondents :

Ms.M.Prabhavathi, Addl. Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Petitioner is the father of the detenue. Alleging that the detenue is missing, a complaint has been given, which is registered in Crime No.702 of 2020. As the detenue is yet to be secured, the present habeas corpus petition has been filed. 2.Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that the investigation is going on and the detenue is yet to be secured.

https://hcservices.ecourts.gov.in/hcservices/

3.In such view of the matter, while directing the respondent police to proceed with the investigation, this habeas corpus petition is closed. As and when the detenue is secured, she should be produced before the jurisdictional Magistrate, after due intimation to the petitioner.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar raa/mmi/ssm To 1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Inspector of Police, Antimadam Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1062 of 2020 RSV(CO) GN(30/07/2020) https://hcservices.ecourts.gov.in/hcservices/