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Madras High CourtHCP(MD)/102/2018dismissed

K. Vellaiyammal v. The State Rep.By Its

2018-01-25Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.102 of 2018 K.Vellaiyammal : Petitioner Vs.

1.The State Rep. by its The Inspector of Police, Malli Police Station, Virudhunagar District.

2.Pandi @ Pandiyaraja : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, directing the first respondent to produce the detenu or her corpus namely Ponpriya, D/o.Karuppasamy, aged about 19 years, before this Court and set her at liberty forthwith.

For Petitioner : Mr.M.Jegadeesh Pandian For R1 : Mr.C.Ramesh Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J] The petitioner, who is the mother of the detenue, has moved this petition for a direction to the first respondent to produce her daughter, namely, Ponpriya, aged about 19 years, before this Court and set her at liberty.

2.According to the petitioner, her elder daughter, namely Ponpriya, who is studying second year B.Sc., was found missing from 10.07.2017. Thereafter, a complaint has been lodged before the 1st respondent and a case has been registered in Crime No.492/2017 for 'girl missing'. Since the whereabouts of the detenu is not known, the petitioner is before this Court with this petition. 3.The Additional Public Prosecutor appearing for the State would submit that already the detenu has moved this Court in Crl. O.P.(MD) No.10315 of 2017, dated 16.08.2017 seeking a direction for 'police protection'.

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4.Under such circumstances, the apprehension of the petitioner that she may be under the illegal custody is not sustainable. Therefore, Habeas Corpus Petition is closed with liberty to the petitioner to work out her remedy in the petition filed by the daughter.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Malli Police Station, Virudhunagar District.

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

Rmi/RR RL/3C/2P/KKR/SAR3/8/2/2018 ORDER MADE IN HCP .[MD].No.102 of 2018 25.01.2018 https://hcservices.ecourts.gov.in/hcservices/