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Madras High CourtHCP/1298/2016dismissed

S.Karunakaran v. The State Of Tamil Nadu

2016-07-22Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1298 of 2016 S.Karunakaran

...Petitioner/

Father of the Victim Vs

1. The State of Tamil Nadu Represented by The Commissioner of Police, O/o.The Commissionerate of Police, Sankagiri Main Road, Annadanapatti, Salem-636002.

2.The Inspector of Police, Sankagiri Police Station, Salem.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondent police to produce the body of person of the victim aged about 30 years by name Miss.K.Nalini, who is the petitioner's daughter before this Court and set her at liberty. For Petitioner :

Mr.A.Abdul for M/s.Nathan Associates For Respondents :

Mr.V.M.R.Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by V.BHARATHIDASAN, J.) The petitioner is the father of one Miss.K.Nalini aged about 30 years. Alleging that, she has been missing from 17.05.2015, he gave a complaint to the 2nd respondent based on which a case has been registered in Cr.No.281 of 2015. Despite the registration of the complaint, the 2nd respondent has not taken any steps to trace out the detenue. Hence, the petitioner has come up with the present petition.

2. Today, when the Habeas Corpus Petition was taken up for hearing, the learned Additional Public Prosecutor submitted that the detenue has eloped with one Kumar and now, she is living with him.

4. In our considered view, there is no illegal detention as alleged by the petitioner. Hence, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kua To

1. The Commissioner of Police, O/o.The Commissionerate of Police, Sankagiri Main Road, Annadanapatti, Salem-636002.

2. The Inspector of Police, Sankagiri Police Station, Salem.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.Nathan Associates, Advocate, S.R.No. 42009 H.C.P.No.1298 of 2016 CNR (CO) PSI (29/12/2016)