T.Palanisamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.1862 of 2021 T.Palanisamy

...Petitioner

Vs.

1.The Superintendent of Police Tiruppur District, Tiruppur.

2.The Inspector of Police, Palladam Police Station, Tiruppur District.

3.L. Gandhi 4.The Manager, Ganapathy Spinning Mills, Manickapuram Road, Palladam, Tiruppur District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus by directing the respondents to produce the body or person of the petitioner's sister by name T. Maheshwari (female, aged 20 years), D/o. Thangarasu, detenue in the present case before this Hon'ble Court and consequently set her at liberty.

For Petitioner :

Mr.S. Kumar Sankar For Respondents :

Mr.R. Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking a direction to the respondents to produce the body or person of the petitioner's sister by name T. Maheshwari (female, aged 20 years), D/o. Thangarasu, detenue in the present case, before this Court.

2. On 26.11.2021, we passed the following order: "It is the case of the petitioner that his sister Maheswari, aged about 20 years, went missing from 17.10.2021 and that on his complaint, the police registered only a petition enquiry in CSR No.361/2021 and not a regular First Information Report. Therefore, on 19.11.2021, we directed the police to register a regular First Information Report for 'woman missing' and accordingly, a case in Palladam P.S.Crime No.1869 of 2021 has been registered on 23.11.2021 for 'woman missing'.

2. On instructions, learned Additional Public Prosecutor submits that the detenue was secured by the police today, the detenue may be produced before the learned Judicial Magistrate II, Palladam.

Post on 03.12.2021."

3. Today, Mr.G.Rammohan, Head Constable, Palladam Police Station (mobile number 9498178215), is present.

4. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that the detenue T. Maheshwari, was produced before the learned Judicial Magistrate, Palladam, on 29.11.2021, and during the enquiry, she has stated that she has got married to one Gandhi and that since she is a major, she wants to go with him. The learned Judicial Magistrate recorded the statement of the detenue T. Maheshwari and thereafter, permitted her to go with her husband Gandhi. Recording the above said submission, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar bga

To 1.The Judicial Magistrate, Palladam, Tiruppur District.

2.The Superintendent of Police Tiruppur District, Tiruppur.

3.The Inspector of Police, Palladam Police Station, Tiruppur District.

4.The Public Prosecutor High Court, Madras.

H.C.P.No.1862 of 2021 PMK (CO) PR (15/12/2021)