Madras High CourtHCP/868/2022closed

N.Gomathi v. The Superintendent Of Police

2022-11-07Honourable Mr Justice P. N. Prakash,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN N.Gomathi D/o.Natarajan ... Petitioner Vs.

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

2.The Inspector of Police, Thiruchengodu Police Station, Thiruchengodu, Namakkal District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the petitioner's daughter Deepa, aged about 35 years and set her at liberty before this Court.

For Petitioner :

Mr.S.Sheik Ismail For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor ***** 1/4

O R D E R

[Made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter Deepa, aged about 35 years and set her at liberty.

2. It is the case of the petitioner that her daughter Deepa, aged 35 years, who is a dentist, went missing from 09.05.2022 and that her whereabouts are not known.

3. Today, Mr.T.K.Subramani, Special Sub-Inspector of Police, Thiruchengodu Police Station, [Mobile No.94981 69136], is present.

4. On instructions, the learned Additional Public Prosecutor submitted that Deepa was earlier married to one Vijayabharathi and they got estranged and after that Deepa went missing on 23.04.2022 in connection with which, a case in Crime No.131 of 2022 was registered for "woman missing". Deepa was secured by the police from one Ravichandran with whom she had eloped. Again, she had gone missing on 09.05.2022 in connection with 2/4

which, a petition enquiry is pending. In connection with the above petition enquiry, Deepa was again secured on 07.06.2022 and when the petitioner refused to take her, she had gone with the said Ravichandran.

5. In such view of the matter, it cannot be stated that Deepa is in the illegal custody of respondents for issuance of a writ of habeas corpus. Accordingly, this Habeas Corpus Petition is closed. [PNP, J.] [TKR, J.] 07.11.2022 Index: Yes/No gm To 1.The Superintendent of Police, Namakkal, Namakkal District.

2.The Inspector of Police, Thiruchengodu Police Station, Thiruchengodu, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

and 3/4

RMT. TEEKAA RAMAN, J.

gm 08.11.2022 4/4