Thenmozhi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.01.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM H.C.P.No.2555 of 2020 Thenmozhi .. Petitioner Vs.

1.State rep. by The Superintendent of Police Thirupathur District Thirupathur 2.The Inspector of Police Kandili Police Station Kandili Thirupathur Taluk .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents herein to produce the body of the detenue Vinisha, D/o.Ganapathy, aged 21 years, before this Hon'ble Court and to set her at liberty.

For Petitioner : Mr.M.Anandaraj For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her daughter Vinisha, aged 21 years went missing from 01.12.2020 and that the police have not taken steps to secure her.

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2. On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Crime No.962 of 2020 for 'woman missing' has been registered and enquiries conducted by the police reveals that the petitioner's daughter has eloped with one Najmullah, a native of Othapettai Village, Kuppam Taluk, Andhra Pradesh and that, police are taking effective steps to secure her.

3. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Thirupathur Sub Division to monitor the investigation in Kandili P.S. Crime No.962 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue viz. Vinisha is secured, she may be produced before the Judicial Magistrate No.II, Thirupathur, under intimation to the petitioner. On such production, the Judicial Magistrate No.II, Thirupathur, shall pass appropriate orders with regard to the custody of the detenue.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gya To 1.The Superintendent of Police Thirupathur District Thirupathur 2.The Deputy Superintendent of Police Thirupathur Sub Division 3.The Inspector of Police Kandili Police Station Kandili, Thirupathur Taluk 4.The Judicial Magistrate No.II, Thirupathur 5.The Public Prosecutor High Court, Madras H.C.P.No.2555 of 2020 A.SK(16.02.2021).

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