B.Kutralingam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-03-2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN H.C.P.No.532 of 2016 B.Kutralingam ... Petitioner.

vs 1.

The Superintendent of Police Palladam Tiruppur District.

2.

The Inspector of Police Palladam Police Station Palladam Tiruppur District.

3.

Siva 4.

Senthil ... Respondents.

Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents 1 to 3 to produce the body of petitioner's daughter Ramalakshmi, D/o.Kutralingam, Female, aged about 21 years, before this Court and set her at liberty. For Petitioner :Ms.K.Vidya For Respondents :Mr.V.M.R.Rajendren, Addtitional Public Prosecutor for respondents 1 and 2

O R D E R

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of the detenue, viz.,Ramalakshmi, aged about 21 years. According to the petitioner, the detenue has been found missing from 18.02.2016. On a complaint made by the petitioner to the police, a case was registered in Crime No.218 of 2016 for "Women Missing" on 27.02.2016 and the same is under investigation. Since, the girl has not been secured, the petitioner has filed this Habeas https://hcservices.ecourts.gov.in/hcservices/

Corpus Petition directing the respondents 1 to 3 to produce the body of petitioner's daughter Ramalakshmi, aged about 21 years, before this Court and to set her at liberty.

2. Mr.V.M.R.Rajentren, the learned Additional Public Prosecutor, on instruction from the respondents 1 and 2, would submit that the investigation done so far has revealed that the detenue Ramalakshmi has eloped with the third respondent, viz., Siva and they are hiding elsewhere. He would further add that steps are being taken to secure them.

3. In view of the above submission made, we do not find any material even to infer that the detenue has been illegally detained. In such view of the matter, this petition deserves to be dismissed. Accordingly, the Habeas Corpus Petition is dismissed, however, with a direction to the respondents 1 and 2 to expedite the investigation.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar To 1.

The Superintendent of Police Palladam, Tiruppur District.

2.

The Inspector of Police Palladam Police Station Palladam Tiruppur District.

3. The Additional Public Prosecutor High Court, Madras.

+1cc to Ms.K.Vidya, Advocate Sr.17704 H.C.P.No.532/2016 lrs(CO) srg(04/04/2016) https://hcservices.ecourts.gov.in/hcservices/