Kamalanathan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.NO.907 OF 2019 Kamalanathan ... Petitioner -vs1. The State Rep. by Inspector of Police, Sholingur Police Station, Vellore District.

2. Appu @ Naveen ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the first respondent to secure and produce the detenue K. Sathiya aged about 17 years before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.M.Duraimurugan For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor for R1

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the first respondent to secure and produce the detenue K. Sathiya aged about 17 years before this Court and hand over her custody to the petitioner, the present habeas corpus petition has been filed by the father of the detenue.

2.From the status report filed by the Superintendent of Police, Vellore District, it appears that it is a case of elopement of the detenue with the second respondent. At the time of elopement, the detenue was a minor and now, she attained majority. The family members of the second respondent are also produced before the Court. The status report indicates the steps taken to secure the detenue.

3.Considering the above, we are not inclined to keep this petition pending any longer. Accordingly, the habeas corpus petition stands closed. However, the investigation shall be proceeded with and as and when the detenue is secured, she should be produced before the jurisdictional Magistrate. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Inspector of Police, Sholingur Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras.

H.C.P.No.907 of 2019 EV(CO) CS/24/10/2019