Jothi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.677 of 2022 Jothi

...Petitioner

Vs.

1.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

2.The Inspector of Police, Thiruvenkadu Police Station, 3.J.Sathishkumar

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st and 2nd respondents herein to produce the daughter of the petitioner S.Padmapriya, D/o.Selvakumar, aged about 18 years, before this Court from the illegal custody of the 3rd respondent and set her at liberty forthwith.

For Petitioner : Mr.M.Vinoth For RR 1 and 2 : Mr.M.Babu Muthumeeran Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 1st and 2nd respondents herein to produce the daughter of the petitioner S.Padmapriya, D/o.Selvakumar, aged about 18 years, before this Court from the illegal custody of the 3rd respondent and set her at liberty forthwith.

2.

It is the case of the petitioner her daughter Padmapriya, aged about 18 years, went missing from 04.04.2022 and that the police are not taking effective steps to secure her.

3.

Today, R.Radha (Mobile No.94981 21300), Grade I 960, Thiruvenkadu Police Station, Mayiladuthurai District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thiruvenkadu Police Station Crime No.84 of 2022 was registered on 04.04.2022 for 'woman missing' and during the course of investigation, it came to light that Padmapriya was in love with Vasanth and has eloped with him. In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Sirkazhi Sub-Division, Mayiladuthurai District, to supervise the investigation in Thiruvenkadu Police Station Crime No.84 of 2022 and keep the petitioner informed of the developments, if any.

As and when the detenue Padmapriya, aged about 18 years, is secured, she shall be produced before the District Munsif-cum-Judicial Magistrate, Sirkazhi, Mayiladuthurai 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 To 1.The District Munsif-cum-Judicial Magistrate, Sirkazhi, Mayiladuthurai District.

2.The Deputy Superintendent of Police, Sirkazhi Sub-Division,

3.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

4.The Inspector of Police, Thiruvenkadu Police Station, 5.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.Vinoth, Advocate sr 29072.

H.C.P.No.677 of 2022 MG(CO) SP(17/05/2022)