M.Mageswari v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE R.HEMALATHA Habeas Corpus Petition No.1796 of 2021 M.Mageswari W/o.(Late) Murugan .. Petitioner/Mother of Detenue Vs.

1. The Superintendent of Police, Villupuram, Villupuram District.

2. State by:- The Inspector of Police, All Women Police Station, Gingee, Villupuram District.

3. Mani S/o.Pichandi

4. The Inspector of Police, Valathi Police Station, Villupuram District.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents herein to produce the detenu Mahavalli d/o.Murugan, aged about 18 years, before this Court and set her at liberty.

For Petitioner :

M/s.V.Chellammal For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor [R1, R2 & R4]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents herein to produce the detenu Mahavalli d/o.Murugan, aged about 18 years, before this Court and set her at liberty.

2. It is the case of the petitioner that her daughter Mahavalli, aged about 18 years, went missing from 12.10.2021 and that the police are not taking effective steps to secure her.

3. By order dated 12.11.2021, we suo motu impleaded the Inspector of Police, Valathi Police Station, Villupuram District, as the fourth respondent.

4. Today, Mr.B.Kamalamurugan, Grade-I Police, Valathy Police Station, Villupuram District, is present.

5. On instructions, learned Additional Public Prosecutor appearing for the State submits that on the complaint given by the petitioner, a case in Valathy P.S.Crime No.514 of 2021 was registered for 'woman missing' and during the course of investigation, it came to light that Mahavalli is said to have eloped with Mani (third respondent herein). Learned Additional Public Prosecutor further submits that Mani's wife Adhilakshmi has also given a complaint, for which, a petition enquiry in C.S.R.No.268 of 2021 has been registered and enquiry is in progress.

6. In view of the above, we direct the Deputy Superintendent of Police, Gingee, to supervise the investigation in Valathy P.S.Crime No.514 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the learned Judicial Magistrate, Gingee, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. With the above direction, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar gm

To 1.The Superintendent of Police, Villupuram, Villupuram District.

2.The Deputy Superintendent of Police, Gingee.

3.The Inspector of Police, All Women Police Station, Gingee, Villupuram District.

4.The Inspector of Police, Valathi Police Station, Villupuram District.

5.The Judicial Magistrate, Gingee.

6.The Public Prosecutor, High Court, Madras.

+1cc to M/s.V.Chellammal, Advocate SR. No.60179 Habeas Corpus Petition No.1796 of 2021 AKII (CO) PR (03/12/2021)