D.Gomathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH D.Gomathi .. Petitioner Vs.

State rep. by 1.The Director General of Police O/o.The Director General of Police Dr.Radhakrishnan Salai, Mylapore Chennai 2.The Commissioner of Police Chennai City Vepery, Chennai-7 3.The Inspector of Police V-1 Villivakkam Police Station Chennai .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to 1/6

produce the petitioner's son Akash, aged 20 years, S/o.Dakshinamoorthy, last residing at before this Court and set her at liberty. For Petitioner : Mr.P.Saranath For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Made by N.ANAND VENKATESH, J.] The mother of the detenu has filed this petition on the ground that her son Akash, aged 20 years, went missing for the last 47 days and hence, sought for a direction to the respondent police to produce the body of her son.

2. Today, Ms.U.Porkodi, Sub-Inspector of Police, W-9 All Women Police Station, Villivakkam and Mr.S.Tamilselvan, Sub-Inspector of Police, V-1 Villivakkam Police Station, are present before this Court.

3. The learned Additional Public Prosecutor, on instructions, submitted that Akash had an affair with one Kamali @ Akshaya, who is already married to one Kannan; Kamali @ Akshaya and Kannan have a 2/6

child; Akash and the said Kamali @ Akshaya eloped and a complaint was given by Kannan before the AWPS, Villivakkam, and the same was taken on file as C.S.R.No.383 of 2022; the Sub-Inspector of Police, AWPS, Villivakkam, called the parties for enquiry on 10.09.2022; Aaksh, Kamali @ Akshaya, Kannan and the petitioner were present at the time of enquiry; Akash gave a written statement to the effect that he is willing to go only with Kamali @ Akshaya; recording the statement of Akash, AWPS Villivakkam C.S.R.No.383 of 2022 was closed. It is also brought to our notice that the child that was born to Kamali @ Akshaya-Kannan couple, was also handed over to the parents of Kamali @ Akshaya.

4. The grievance of the petitioner is that her son Akash has not come to house for more than 47 days and hence, a complaint was given to the Commissioner of Police through post and no action has been taken on the said complaint.

5. In the considered view of this Court, already, an enquiry was conducted by the AWPS, Villivakkam and the statements given by the 3/6

respective parties have been recorded and Akash has chosen to go along with Kamali @ Akshaya. Under such circumstances, no useful purpose will be served to give a further direction to the 3rd respondent to conduct enquiry. Recording the above, this habeas corpus petition stands closed. [P.N.P., J.] [N.A.V., J.] 06.12.2022 gya 4/6

To 1.The Director General of Police O/o.The Director General of Police Dr.Radhakrishnan Salai, Mylapore Chennai 2.The Commissioner of Police Chennai City Vepery, Chennai-7 3.The Inspector of Police AWPS, Villivakkam 4.The Inspector of Police V-1 Villivakkam Police Station Chennai 5.The Public Prosecutor High Court, Madras 5/6

P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

06.12.2022 6/6