Mr.G.Elumalai v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09..07..2019

CORAM

THE HONOURABLE MR JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR HABEAS CORPUS PETITION NOS.590 AND 542 OF 2017 HCP No.542 of 2017:- Kentha Ram ... Petitioner -VersusThe State Rep. by its Inspector of Police, Poonamallee Police Station, Thiruvallur District.

(FIR No.472 of 2017) ... Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondent to produce the minor daughter of the petitioner G.Shaitha Devi (detenue), presently aged about 17 years, before this court and set her at liberty.

HCP No.590 of 2017:- G.Elumalai ... Petitioner -Versus1. State rep. by Inspector of Police, T-12, Poonthamallee Police Station, Poonthamallee, Chennai 600056.

2. The Superintendent of Police, Chinna Sekkadu, Jaya Nagar, Thiruvallur District, Tamil Nadu 602001.

[2nd respondent impleaded as per order dated 14.09.2017 made in Crl.M.P.No.11746 of 2017 in HCP No.590 of 2017]

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to secure and produce the petitioner's minor son E.Kishore, aged about 15 years, before this court and set him at liberty and handover the custody fo the detenu to the petitioner.

For Petitioner in HCP No.542 of 2017 : Mr.V.Ramana Reddy For Petitioner in HCP No.590 of 2017 : Mr.N.Sivakumar For Respondent in HCP No.542 of 2017 and Respondents 1 and 2 in HCP No.590 of 2017 : Mr.C.Iyyapparaj, APP COMMON ORDER [Order of the court was made by Justice M.M.SUNDRESH] In both these cases, complaints have been given for boy and girl missing. At that point of time, both of them were minors. Now, both of them have attained majority, though the boy has not attained the marriageable age.

2. The learned Additional Public Prosecutor submitted that it is a case of elopement and that the efforts are still on to trace the missing persons.

3. In view of the above submissions, we are not inclined to keep this petition pending any longer. Thus, the Habeas Corpus Petitions stand closed accordingly, however, with a direction to the respondents to proceed with the investigation and as and when the boy and girl are traced, they should be produced before the jurisdictional Magistrate.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kmk

To

1. The Inspector of Police, T-12, Poonthamallee Police Station, Poonthamallee, Chennai 600056.

2. The Superintendent of Police, Chinna Sekkadu, Jaya Nagar, Thiruvallur District, Tamil Nadu 602001.

3. The Public Prosecutor, High Court, Madras-104.

H.C.P.No.590 of 2017 and H.C.P.No.542 of 2017 BS(CO) CS/30/08/2019