Indira v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.2005 of 2021 Indira

...Petitioner

Vs.

1.The Superintendent of Police Vellore District.

2.The Inspector of Police, Katpadi Police Station, Vellore District.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2nd respondent police to produce the petitioner's daughter namely Manimegalai, wife of Sasikumar, aged about 34 years, before this Hon'ble Court and set her at liberty.

For Petitioner : Ms.K.Geetha For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her daughter Manimegalai, aged 34 years, was married to Sasikumar, in the year 2007 and through the wedlock, they have two children, namely, Kamalesh and Jeshwin. It is the further case of the petitioner that her daughter Manimegalai left the house on 01.10.2021 saying that she is going to hospital and thereafter, she did not return. Alleging that the police have not taken effective steps to secure her, the petitioner has filed this Habeas Corpus Petition.

2.Today, Mr.C.Manogaran, Special Sub Inspector of Police, Katpadi Police Station, is present.

https://hcservices.ecourts.gov.in/hcservices/

3.On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor submitted that, Manimegalai was married to Sasikumar and she left her two children with Sasikumar and eloped with one Subash, who was teaching her tailoring. On a complaint given by Sasikumar, a case in Katpadi Police Station Crime No.570 of 2021 has been registered for 'woman missing' and investigation is in progress. The enquiry conducted by the police reveals that Subash is also a married person and that his wife is living in Vellore.

4. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Katpadi Sub-Division, to monitor the investigation in Katpadi Police Station Crime No.570 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Manimegalai is secured, she shall be produced before the Judicial Magistrate, Katpadi, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenue.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar mtl To 1.The Judicial Magistrate Katpadi.

2.The Superintendent of Police Vellore District.

3.The Deputy Superintendent of Police Katpadi.

4.The Inspector of Police, Katpadi Police Station, Vellore District.

5.The Public Prosecutor High Court, Madras H.C.P.No.2005 of 2021 AD(CO) SP(16/12/2021) https://hcservices.ecourts.gov.in/hcservices/