Sumathi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY H.C.P.NO.1649 OF 2021 Sumathi .. Petitioner Vs.

1. The Superintendent of Police, Chengalpattu District.

2. The Inspector of Police, Thiruporur Police Station, Thiruporur Taluk, Chengalpattu District.

(Crime No.543/2021)

3. Renuka .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 3rd respondent to produce the petitioner's son Sumithkumar, aged about 18 years, before this Court from the custody of the 3rd respondent and set him at liberty forthwith.

For Petitioner : Mr.A.Ramalingam For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by S.SRIMATHY, J.] This habeas corpus petition has been filed seeking to direct the 3rd respondent to produce the petitioner's son Sumithkumar, aged about 18 years, before this Court from the custody of the 3rd respondent and set him at liberty forthwith.

2. It is the case of the petitioner that her son Sumithkumar, aged about 18 years, went missing from 16.07.2021 and that the police are not taking effective steps to secure him.

3. Today N.Narayanan (Mobile No.94981 55878), Special Sub-Inspector of Police, Thiruporur Police Station, Chengalpattu District, is present.

4. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thiruporur Police Station Crime No.543 of 2021 has been registered on 04.08.2021 for 'man missing' and during the course of investigation, it came to light that Sumithkumar was in love with one Vivetha, aged about 20 years, daughter of Pandi and had eloped with her. He further submitted that on a complaint given by Pandi, a case in Thiruvanmiyur Police Station Crime No.662 of 2021 has been registered on 17.07.2021 for 'woman missing'.

In light of the above, this habeas corpus petition stands closed and we direct the Deputy Superintendent of Police, Mamallapuram, to supervise the investigation in Thiruporur Police Station Crime No.543 of 2021 and keep the petitioner informed of the developments, if any. As and when Sumithkumar, aged about 18 years and Vivetha, aged about 20 years, are secured, they shall be produced before the Judicial Magistrate Court No.I, Chengalpattu, under intimation to both their parents. The Inspector of Police, Thiruvanmiyur Police Station, may also be intimated of the same. On such production, the

learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar nsd To

1. The Judicial Magistrate No.I, Chengalpattu.

2. The Deputy Superintendent of Police, Mamallapuram.

3. The Superintendent of Police, Chengalpattu District.

4. The Inspector of Police, Thiruporur Police Station, Thiruporur Taluk, Chengalpattu District.

5. The Inspector of Police, Thiruvanmiyur Police Station, Chennai.

6. The Public Prosecutor, High Court, Madras.

H.C.P.No.1649 of 2021 BP(CO) RLP(22/11/2021)