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Madras High CourtHCP/1258/2022closed

A.Valli v. The Commissioner Of Police

2022-11-02Honourable Mr Justice P. N. Prakash,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.1258 of 2022 A.Valli W/o.Arunachalam ... Petitioner Vs.

1.The Commissioner of Police, Salem City.

2.The Inspector of Police, Karuppur Police Station, Salem City.

Crime No.120/2022 ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's son Guna s/o.Arunachalam, aged 18 years, before this Court and set him at liberty.

For Petitioner :

Mr.B.Vasudevan For Respondents :

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

O R D E R

[Made by P.N.PRAKASH, J.] The petitioner seeks a direction to the second respondent to produce the petitioner's son Guna s/o.Arunachalam, aged 18 years, before this Court and set him at liberty.

2. On 20.09.2022, we passed the following order: "This petition has been filed seeking a direction to the second respondent to produce the petitioner's son Guna s/o.Arunachalam, aged about 18 years, before this Court and set him at liberty.

2. It is the case of the petitioner that her son Guna, aged 18 years, [D.O.B: 15.06.2004], went missing from 07.04.2022 and that police are not taking effective steps to secure him.

3. Today, Mr.R.Ragunathan, Special Sub-Inspector of Police, Karuppur Police Station [Mobile 94981 66094], is present.

4. On instructions, learned Additional Public Prosecutor submitted that based on the complaint of the petitioner, a case in Karuppur P.S.Crime No.120 of 2022 was registered for "boy missing" on 08.04.2022 and during the course of investigation, it came to light that Guna has been taken away by one Revathi, aged about 22 years and both of them are missing.

5. In the aforestated circumstances, we direct the Assistant Commissioner of Police, Suramangalam, to supervise the investigation in Karuppur P.S.Crime No.120 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he shall be produced before the Judicial Magistrate II, Salem, under intimation to the petitioner. On such production, the 2/4

learned Magistrate shall pass appropriate orders. Post on 02.11.2022."

3. Today, Mr.V.Balakrishnan, Karuppur Police Station [Mobile No.: 94981 66984], is present.

4. On instructions, learned Additional Public Prosecutor submitted that the missing boy Guna was secured on 10.10.2022. The police also arrested Vasuki [20 years], who had eloped with Guna and it was found that Vasuki was pregnant. Guna was also produced before the learned Judicial Magistrate II, Salem and thereafter, he was handed over to the petitioner.

5. Learned counsel for the petitioner also confirmed the same.

6. Learned Additional Public Prosecutor also submitted that Vasuki was released on bail by the learned Sessions Judge, Principal POCSO Court, Salem, on 14.10.2022 and submitted a copy of the order. 3/4

P.N.PRAKASH, J.

and RMT. TEEKAA RAMAN, J.

gm Recording the aforesaid submission, this Habeas Corpus Petition is closed.

[PNP, J.] [TKR, J.] 02.11.2022 Index: Yes/No gm To 1.The Commissioner of Police, Salem City.

2.The Inspector of Police, Karuppur Police Station, Salem City.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1258 of 2022 4/4