M.Sundari v. The Superintendent Of Police

H.C.P.(MD) No.170 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.170 of 2021 M.Sundari ... Petitioner -vsState rep. by 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

3.Balamurugan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the first and second respondents to produce the petitioner's minor daughter Sathya (aged 17 years), D/o Muniyandi in person or body of detenue before this Court.

For Petitioner :

Mr.P.Muthusamy For Respondents :

Mr.K.Dinesh Babu 1 & 2 Additional Public Prosecutor For R3 : Mr.Hendri Tiphagne

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's minor daughter, namely, Sathya, aged about 17 years before this Court and pass such further orders.

2.The petitioner would state that her husband is working in abroad and her daughters were staying with her. While so, on 14.01.2021, her younger daughter went to take bath, but subsequently, she was found missing. Hence, she lodged a complaint with the second respondent and the same was registered in Crime No.5 of 2021. Since no effective steps were taken by the second respondent, she come forward with this petition. 3.Heard Mr.P.Muthusamy, learned counsel for the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.170 of 2021 Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents 1 and 2 and Mr.Henri Tiphagne learned counsel for the third respondent.

4.When the matter is taken up for hearing today, the third respondent and the detenue appeared before this Court. On enquiry, they would state that they reached 28 and 19 years respectively and they are working in Coimbatore. The marriage between them was performed at Murugan Temple in Narasingam, Madurai on 01.03.2021. It is also stated that the marriage was known to the petitioner and she also blessed them.

5.In the light of the above statement of the detenue and the third respondent, we find no merit in the habeas corpus petition and hence, the same is dismissed.

Sd/- Assistant Registrar (crl) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.170 of 2021 02.03.2021 VR(CO) KB(17.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2