Santhamoorthi v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Santhamoorthi .. Petitioner Vs 1.The Superintendent of Police, Ranipet District.
2.The Inspector of Police, Kalavai Police Station, Ranipet District.
3.Ajith 4.Selvaraj .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent to produce the petitioner's daughter viz. S.Jayalakshmi, daughter of Santhamoorthi, aged about 25 years, before this Court and set her at liberty.
For Petitioner : Mr.Arokhiaraj for Mr.K.Amudhavalli For RR 1 and 2 : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J.) This habeas corpus petition has been filed by the petitioner seeking a direction to the second respondent to produce his daughter viz. S.Jayalakshmi, aged about 25 years, before this Court and set her at liberty. 2.
It is the case of the petitioner that his daughter Jayalakshmi, aged about 25 years, went missing from 01.11.2022 and that she is in the illegal custody of the third and fourth respondents. 3.
Today, P.Mathiazhagan (Mobile No.94981 49883), Special Sub-Inspector of Police, Kalavai Police Station, Ranipet District, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Kalavai Police Station Crime No.195 of 2022 was registered on 04.11.2022 for "woman-missing" and during the course of investigation, it came to light that Jayalakshmi fell in love with Ajith, third respondent herein, who is much younger to her, eloped with him, went to Kallakurichi, got married on 04.11.2022, surrendered before the Inspector of Police, All Women Police Station, Ariyalur District, seeking protection; the petitioner was called to the All Women Police Station, Ariyalur District and during enquiry, Jayalakshmi refused to go with the petitioner. 5.
The learned counsel for the petitioner submitted that the petitioner was not permitted to speak to his daughter at the All Women Police Station, Ariyalur District, which allegation, the learned Additional Public Prosecutor strongly denied.
6.
Be that as it may, in the light of the fact that FIR in Kalavai Police Station Crime No.195 of 2022 registered, we direct the Deputy
Superintendent of Police, Ranipet Sub-Division, Ranipet District, to supervise in the investigation in Crime No.195 of 2022 that is being conducted by the Inspector of Police, Kalavai Police Station, Ranipet District and keep the petitioner informed of the developments, if any. As and when the detenue Jayalakshmi, aged about 25 years, is secured, she shall be produced before the District Munsif-cum-Judicial Magistrate Court, Arcot, Ranipet District, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.
With the above directions, this habeas corpus petition stands closed. (P.N.P., J.) (TKRJ) 17.11.2022 nsd
To 1.The District Munsif-cum-Judicial Magistrate, Arcot, Ranipet District.
2.The Superintendent of Police, Ranipet District.
3.The Deputy Superintendent of Police, Ranipet Sub-Division, Ranipet District.
4.The Inspector of Police, Kalavai Police Station, Ranipet District.
5.The Public Prosecutor, Madras High Court.
P.N.PRAKASH, J.
and RMT.TEEKAA RAMAN, J.
nsd H.C.P.No.2333 of 2022 17.11.2022