R.Aruljothi, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. Nos. 994 and 813 of 2018 R.Aruljothi ... Petitioner in HCP 994/2018 Poongothai ... Petitioner in HCP 813/2018 -vsThe Superintendent of Police, Nagapattinam District, Nagapattinam.

State rep. By its The Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District.

... Respondents 1 & 2 in HCP Nos. 813, 944/2018 Poongothai ... 3rd respondent in HCP 944/2018 Prayer in HCP No. 994/2018 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the 1st and 2nd respondents to produce the detenue minor A.Priyadharshini aged about 14 years from illegal custody of 3rd respondent before this Court and restore the legal custody of the detenu.

Prayer in HCP No. 813/2018 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenu by name Brindha who is aged about 16 years before this Court and hand over to the petitioner.

For Petitioner in HCP 994/18 : M/s. K.M.Vijayan Associates For Respondents Mr.R.Prathap Kumar Addl. Public Prosecutor for R1,R2 in HCP Nos. 994,813 of 2018 :

Mr.R.Thirumoorthy for R3 in HCP No. 994 of 2018 and for Petitioner in HCP 813/2018 COMMON ORDER [Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents 1 and 2 to produce the detenues and hand over the custody to the petitioners, the present habeas corpus petitions have been filed.

2. In both the cases, the detenues are minors. The status report filed by the Superintendent of Police would prima facie reveal that they were in relationship. When it was questioned, they left their homes. The evidence of School Head Mistress and the teachers also would prima facie confirm the aforesaid position.

3. Inasmuch as the elopement has taken place for more than a year and the investigation is going on under the supervision of the first respondent, namely, the Superintendent of Police, Nagapattinam District, we are not inclined to keep the matter pending any longer. Accordingly, the habeas corpus petitions stand closed with a direction to the Inspector of Police to continue with the investigation to be supervised and monitored by the Superintendent of Police, Nagapattinam District. As and when the detenues are secured, they should be produced before the jurisdictional Magistrate.

4. The statement made by the learned Additional Public Prosecutor that a special team has been formed to search for the detenues in each District stands recorded. However, liberty is given to the petitioners to file separate writ petitions at a later point of time, if the detenues are not secured even after the search made.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar

mmi/ssm To 1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s. K.M.Vijayan Associates, Advocate SR.No.78747 +1cc to Mr.R.Thirumoorthy, Advocate SR.No.78890 H.C.P. Nos. 994 & 813 of 2018 PA(CO) GMY(18/10/2019)