Balasubramaniyan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.NO.1023 OF 2021 Balasubramaniyan ..Petitioner Vs.
1. The Superintendent of Police, Thiruvallur.
2. The Inspector of Police, T-11, Thirunindravur Police Station, Thiruvallur District.
..Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to directing the respondents to produce the petitioner's daughter viz., Madhumitha, aged about 19 years, before this Court and set her at liberty.
For Petitioner : Mr.K.Nagarajan For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the petitioner's daughter viz., Madhumitha, aged about 19 years, before this Court and set her at liberty.
2.
It is the case of the petitioner that his daughter Madhumitha, aged about 19 years, went missing from 07.05.2021 and that the police are not taking effective steps to secure her. 3.
On instructions, the learned Government Advocate (Crl.Side)submitted that on a complaint given by the petitioner,
a case in Thirunindravur Police Station Crime No.153 of 2021 for 'woman missing' was registered on 08.05.2021 and during the course of investigation, it came to light that the detenue Madhumitha has eloped with one Monish and they both surrendered before the Inspector of Police, Villupuram Police Station. He further submitted that even in paragraph no.5 of the petitioner's affidavit, these factors have been admitted. 4.
Today, Ravichandran, Inspector of Police, Villupuram West Police Station, produced the detenue Madhumitha before this Court via video conference from the police station. 5.
When enquired by us, Madhumitha stated that her date of birth is 03.10.2002 and she got married to Monish on 08.05.2021 and she is not in the illegal custody of anyone. She further stated that she is living with her husband Monish in Bajanai Koil Street, Mambalampattu Taluk, Villupuram District. Recording the same, this habeas corpus petition is closed with a direction to the Inspector of Police, Villupuram West Police Station, to produce Madhumitha, before the Inspector of Police, Thirunindravur Police Station, in Crime No.153 of 2021, who in turn shall cause production of Madhumitha before the Judicial Magistrate Court No.II, Thiruvallur, under intimation to the petitioner. The learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nsd To
1. The Judicial Magistrate No.II, Thiruvallur.
2. The Superintendent of Police, Thiruvallur.
3. The Inspector of Police, T-11, Thirunindravur Police Station, Thiruvallur District.
4. The Inspector of Police, Villupuram West Police Station, Villupuram District.
5. The Public Prosecutor, Madras High Court, Chennai - 600 104.
+1cc to Mr.K.Nagaraj, Advocate, S.R.No.30703 dated 02.07.2021 H.C.P.No.1023 of 2021 AD(CO) RGA(29/07/2021)