K.Raja v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.No.1287 of 2021 K.Raja S/o.Kaliyan

...Petitioner

Vs

1. The Superintendent of Police, Thiruvarur District.

2. The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

Crime No.348 of 2021

...Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to secure and produce the petitioner's daughter K.Subarani, aged about 22 years and her child, namely, K.Kabilan, aged about 11⁄2 years (minor child) before this Court and set them at liberty.

For Petitioner :

Mr.R.Sathish Kumar For Respondents :

Mr.R.Muniyapparaj Government Advocate [crl.side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to secure and produce the petitioner's daughter K.Subarani, aged about 22 years and her child, namely, K.Kabilan, aged about 11⁄2 years before this Court and set them at liberty.

2. It is the case of the petitioner that he got his daughter Subarani married to one Kalaivanan and they are blessed with a child viz., Kabilan. Kalaivanan is in Singapore on employment. Therefore, Subarani and the child were with the petitioner. On 26.03.2021, Subarani left home with the child saying that she is https://hcservices.ecourts.gov.in/hcservices/

going to temple and thereafter, she did not return. In this regard, on a complaint given by the petitioner, a case in Valangaiman P.S. Crime No.348 of 2021 has been registered for 'woman and boy missing' on 09.04.2021.

Since there is no allegation that Subarani and her child are in the illegal custody, this Habeas Corpus Petition is disposed of with a direction to the Deputy Superintendent of Police, Nannilam, to monitor the investigation in Valangaiman P.S. Crime No.348 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenues are secured, they shall be produced before the District Munsif cum Judicial Magistrate, Valangaiman, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gm To

1. The Deputy Superintendent of Police, Nannilam.

2. The Superintendent of Police, Thiruvarur District.

3. The District Munsif cum Judicial Magistrate, Valangaiman.

4. The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.1287 of 2021 GPL(CO) LS(07/09/2021) https://hcservices.ecourts.gov.in/hcservices/