V.Chokkalingam v. State By
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.697 of 2021 V.Chokkalingam .. Petitioner Vs.
1.State by Inspector of Police Virinchipuram Police Station Vellore District 2.P.Madhan .. 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., Kamali, aged 21 years, who is now under the illegal custody of the 2nd respondent herein before this Court and set her at liberty. For Petitioner : Mr.P.Sivamani For 1st Respondent : Mr.R.Prathap Kumar Additional Public Prosecutor ------
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., Kamali, aged 21 years, is in the illegal custody of the 2nd respondent and that the police are not taking 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 Virinchipuram P.S.Crime No.76 of 2021 has been registered on 14.04.2021 for 'woman missing' and during the course of investigation, it came to light that Kamali has eloped with one P.Madhan/2nd respondent.
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3. Recording the same, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Vellore Sub-Division to monitor the investigation in Virinchipuram P.S.Crime No.76 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the Judicial Magistrate No.IV, Vellore, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders, with regard to the custody of the detenue. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gya To 1.The Judicial Magistrate No.IV Vellore 2.The Deputy Superintendent of Police Vellore Sub-Division 3.The Inspector of Police Virinchipuram Police Station Vellore District 4.The Public Prosecutor High Court, Madras H.C.P.No.697 of 2021 JPL(CO) CB(24/06/2021) https://hcservices.ecourts.gov.in/hcservices/