Ayyamperumal v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Ayyamperumal ..Petitioner Vs 1.Superintendent of Police, Perambalur District, Perambalur.

2.The Inspector of Police, Arumbavoor Police Station, Perambalur District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the 2nd respondent police to produce the petitioner's daughter named XXX (aged 21 years) before this Court and set her at liberty. For Petitioner :

Mr.E.C.Ramesh For Respondents :

Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

(Made by NIRMAL KUMAR.,J) Petitioner, who is the father of XXX (we are masking the name of the petitioner's daughter and we shall be referring to her as 'absentee' 1/4

for obvious reasons) lodged a complaint with the second respondent stating that the absentee was found missing from 28.04.2023. Based on the said complaint, a case in Crime No.123 of 2023 for 'woman missing' was registered. Thereafter, no action is taken. Fearing for her life and safety, the petitioner has filed the present petition. 2.

Learned Additional Public Prosecutor submits that on the complaint of the petitioner, a case for 'woman missing' in Crime No.123 of 2023 was registered. The absentee along with one Desigan appeared before the Arumbavoor police station on 01.05.2023 and thereafter the petitioner and his wife were called to the police station and informed about the marriage of the absentee with one Desigan. The second respondent police recording the statement of the petitioner and the absentee and also the statements of Pachayammal/petitioner's wife, Ranjitha/petitioner's daughter, Venkatesh, Chithra, Vijaya and Manivel had closed the case as 'further action dropped' on 01.05.2023. He further submitted that the petitioner is well aware about the absentee's choice and her whereabouts.

3. Recording the above submission made by the learned Additional Public Prosecutor that the case in Crime No.123 of 2023 has 2/4

also been closed and finding no illegal detention of the absentee, this habeas corpus petition stands closed.

(A.S.M., J.) (M.N.K., J.) 10.05.2023 Index:Yes/No mmi/ssm To 1.The Superintendent of Police, Perambalur District, Perambalur.

2.The Inspector of Police, Arumbavoor Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

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DR.

ANITA SUMANTH., J and M.NIRMAL KUMAR .,J ssm 10.05.2023 4/4