M.Hameed v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM
THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE S.SRIMATHY H.C.P.NO.1672 OF 2021 M.Hameed .. Petitioner Vs.
1. The Commissioner of Police, EVR Periyar Salai, Egmore, Chennai- 600 008.
2. The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai District.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body of the petitioner's daughter viz., H.Sabeera, D/o M.Hameed, aged about 26 years, before this Court and set her at liberty.
For Petitioner : Mr.M.Selvam 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 respondents to produce the body of the petitioner's daughter viz., H.Sabeera, D/o M.Hameed, aged about 26 years, before this Court and set her at liberty.
2.
It is the case of the petitioner that his daughter Sabeera, aged about 26 years, went missing from 01.09.2021 and that the police are not taking effective steps to secure her.
3.
On 26.10.2021, we passed the following order: "Today, Mr.K.Thangamadhavan, Sub-Inspector of Police, G-5, Secretariat Colony Police Station, is present before this Court. The petitioner is also present with his counsel.
2.
Mr.B.Balamurugan,Advocate, (E.No.3220/2014, Mobile No.9843878761) undertook to produce the detenue before this Court on 28.10.2021.
Post the matter on 28.10.2021."
4.
Today, Mr.K.Thangamadhavan (Mobile No.94981 90729), Sub-Inspector of Police, G-5, Secretariat Colony Police Station, is present before this Court. The petitioner and his wife were also present.
5.
Sabeera appeared before this Court via video conferencing along with her counsel and stated that since she is scared of her parents, she is not willing to come to the Court in person. We permitted Sabeera's parents to interact with her via video conferencing.
6.
Sabeera stated that on account of misunderstanding with her parents, she is living separately at Door No.5, Subramania Garden, Revathy Stores Opposite, Perambur and her mobile number is 7010122383. She further stated her date of birth as 16.06.1996.
7.
Since, Sabeera is not in the illegal custody of anyone, no writ of habeas corpus can be issued.
In the result, this habeas corpus petition stands closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nsd
To
1. The Commissioner of Police, EVR Periyar Salai, Egmore, Chennai- 600 008.
2. The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai District.
3. The Public Prosecutor, High Court, Madras.
H.C.P.No.1672 of 2021 NRL (CO) K.RK. (17.11.2021)