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Madras High CourtHCP/218/2016dismissed

R. Mangaiyarkarasi, v. State Rep. By The

2016-03-24Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren3 pages

In the High Court of Judicature at Madras Dated: 24.03.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.218 of 2016 R.Mangaiyarkarasi ..

Petitioner vs.

1.State, rep.by The Superintendent of Police, Pa.Vellore, Namakkal, Namakkal District.

2.The Inspector of Police, Mohanur Koil Police Station, Cuddalore District 3.S.Thiruppathi 4.Subramani .... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the body of the petitioner's daughter R.Sudanthira, D/o.Late.Ravi, aged about 19 years, before this Court and set her at liberty.

For Petitioner .. Mr.R.Rajan For Respondents .. Mr.V.M.R.Rajentren,Addl.P.P.

for R1 and R2 R3 and R4 - No appearance

O R D E R

(The order of the Court was made by M.JAICHANDREN.,J ) This habeas corpus petition has been filed, by the mother of the detenue, praying that this Court may be pleased to direct the respondents 1 and 2, to produce her daughter, namely, R.Sudanthira, aged about 19 years, before this Court and to set her at liberty.

2. The petitioner has stated that the detenue, who was studying Engineering course, had gone missing, from 28.12.2015. Therefore, the petitioner had lodged a complaint, before the second respondent police, on 29.12.2015.

The complaint had been registered, in Crime No.288 of 2015, as a 'woman-missing case'. The petitioner has stated that the third and the fourth respondents had abducted the detenue, and they are keeping her in illegal custody.

3. Today, when the matter has been listed for hearing, a status report has been filed, by the Inspector of Police, Mohanur Police Station, the second respondent herein. In the said status report, it has been stated that the detenue was in love with the third respondent. Earlier, she had eloped with the third respondent, on two occasions. Even though the third respondent and the detenue had been traced, and they were asked to live with their families, based on the mediation conducted, the detenue had once again eloped with the third respondent. It has been stated that the detenue is a major, having completed 19 years of age.

4. In such circumstances, we are of the considered view that no further orders are necessary, in the present habeas corpus petition. Accordingly, the habeas corpus petition stands closed. However, the respondent police shall continue the investigation and take necessary steps to trace the detenue, in accordance with law. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar msk To 1.The Superintendent of Police, Pa.Vellore, Namakkal, Namakkal District.

2.The Inspector of Police, Mohanur Koil Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.218 of 2016 SV (CO) kk 13/4