Sithik Maideen v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.2114 of 2021 Sithik Maideen ..Petitioner Vs.

1.The Superintendent of Police Supernatant of Police Office, Thiruvarur.

2.The Inspector of Police, Koothanallur Police Station, Koothanallur, Thiruvarur 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 Inspector of Police, Koothanallur Police Station, Koothanallur, Thiruvarur, to secure and produce my daughter Ms.Julika Afarin, female aged 20 years daughter of Sithik Maideen, before this Hon'ble Court and set her at liberty. For Petitioner : Mr.M.Albert Rayan 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 petition has been filed seeking a direction to the second respondent to produce the detenue namely Julika Afarin, female, aged 20 years, daughter of Sithik Maideen, before this Court and set her at liberty.

2.When the matter was taken up for hearing today, Mr.C.Radhakrishnan, Special Sub Inspector of Police, Koothanallur Police Station, Thiruvarur, is present before this Court.

3. It is the case of the petitioner that his daughter Julika Afarin, aged 20 years went missing from 29.07.2021 and that the police are not taking effective steps to secure her.

4. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor submitted that, on a complaint given by the petitioner, a case in Koothanallur Police Station Crime No.396 of 2021 has been registered for 'woman missing'.

5. It is brought to the notice of this Court that a letter has been written and left by the detenue Julika Afarin, wherein, she has stated that on account of obesity and other health issues, she has left the house.

6. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Thiruvarur to monitor the investigation in Koothanallur Police Station Crime No.396 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Julika Afarin is secured, she shall be produced before the Judicial Magistrate - II, Mannarkudi, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenue.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mtl To 1.The Judicial Magistrate - II, Mannarkudi.

2.The Deputy Superintendent of Police Thiruvarur.

3.The Superintendent of Police Supernatant of Police Office, Thiruvarur.

4.The Inspector of Police, Koothanallur Police Station, Koothanallur, Thiruvarur District.

5.The Public Prosecutor High Court, Madras +2 Ccs to Mr.M.Albert Rayan, Advocate sr 69398. H.C.P.No.2114 of 2021 KV(CO) SP(04/01/2022)