Muniraj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mrs. Justice R. HEMALATHA H.C.P. No. 2275 of 2019 Muniraj ... Petitioner -vs1.The Superintendent of Police, Krishnagiri.

2.The Deputy Superintendent of Police, Krishnagiri.

3.The Inspector of Police, Baruru Police Station, Pochampalli Taluk, Krishnagiri District.

4.G.Tamil Selvi ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents herein to produce the body of the detenue Ms.Shiva Sakthi, aged 20 years, daughter of Muniraj, the petitioner herein, before this Court from the illegal custody of the fourth respondent and set her at liberty.

For Petitioner : Mr.Mukund R.Pandiyan For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 to R3

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to respondents 1 to 3 herein to produce the body of the detenue Ms.Shiva Sakthi, aged 20 years, daughter of Muniraj, the petitioner herein, before this Court from the illegal custody of the fourth respondent and to set her https://hcservices.ecourts.gov.in/hcservices/

at liberty, the present Habeas Corpus Petition has been filed by the father of the detenue.

2. The learned Additional Public Prosecutor appearing for respondents 1 to 3 would submit that a case has been registered in Cr.No.209 of 2019 on the file of KRP Dam Police Station, Krishnagiri for the offence punishable under Sections 147, 323, 324, 363 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The date of occurrence was on 23.08.2019.

3. From the above, we are of the view that there is no illegal detention involved in this case. It appears that the detenue is absconding. We make it clear that it is open to the investigating officer to make due enquiry with the fourth respondent to find out the whereabouts of the detenue.

4. In such view of the matter, the Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Superintendent of Police, Krishnagiri.

2.The Deputy Superintendent of Police, Krishnagiri.

3.The Inspector of Police, Baruru Police Station, Pochampalli Taluk, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Mukund R.Pandiyan, Advocate, S.R.No. 87804 H.C.P. No. 2275 of 2019 PVS(CO) GN(20/11/2019) https://hcservices.ecourts.gov.in/hcservices/