K. Manikandan, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2016
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.691 of 2016 K.Manikandan
...Petitioner
vs.
1.The Superintendent of Police, Ariyalur District, Ariyalur.
2.The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.
3.The Inspector of Police, Jayamkondam Police Station, Ariyalur District.
...Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents 1 to 3 herein to produce the body of the detenue minor K.Saritha aged 17 years before this Court and set her at liberty.
For Petitioner : Mr.J.Karthikeyan For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor
O R D E R
[Order of the Court was made by V.Bharathidasan, J.] The petitioner is the brother of one Ms.K.Saritha, aged about 17 years. Alleging that from 22.02.2016, she was found missing, he lodged a complaint to the respondent Police. Based on the said complaint, a case has been registered in Crime https://hcservices.ecourts.gov.in/hcservices/
No.132 of 2016 under "Girl Missing". Since no efforts were taken by the Police to trace out the detenue, the petitioner has come up with this Habeas Corpus Petition.
2. Today, when the Habeas Corpus Petition was taken for hearing, the detenue was produced before this Court. When we enquired, she informed us that due to some quarrel, she went to Vellore on her own and stayed with her friend. She has stated that now she is willing to go with her brother and mother. The said statement is recorded. The petitioner, brother of the detenue also present in the court and willing to take her.
3. In view of the above, we are convinced that there is no illegal detention. The detenue is at liberty to go with the petitioner. The Habeas Corpus Petition, therefore, stands dismissed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar svki To 1.The Superintendent of Police, Ariyalur District, Ariyalur.
2.The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.
3.The Inspector of Police, Jayamkondam Police Station, Ariyalur District.
4.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.J.Karthikeyan Advocate sr.35839/16 H.C.P.No.691 of 2016 ak(co) aa14/07/2016 https://hcservices.ecourts.gov.in/hcservices/