Mariyappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mariyappan ... Petitioner -vs1.The Superintendent of Police District Police Office Velu Nachiyar Valagam Vollectorate Post Dindigul 2.The Inspector of Police Dindigul Taluk Police Station Dindigul 3.Veerakkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of the detenue, namely, Sangeetha, D/o.Mariyappan,

W/o.Veerakumar, aged about 21 years, before this Court and set her at liberty.

For Petitioner :

Mr.K.Murugan For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus seeking a direction to the respondents 1 and 2 to produce the person or body of his daughter, namely, Sangeetha, aged about 21 years, before this Court and set her at liberty.

2. Today, when the matter was taken up for hearing, learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that the petitioner is the father of the detenue. The detenue has completed Nursing Course. Based on the complaint given by the petitioner, the second respondent - Police has registered a case in Crime No.426 of 2023 under the caption "Woman Missing". As per the complaint given by the petitioner, the detenu was given in marriage to the third

respondent two years ago and due to some matrimonial disputes, she has come back to the parental home and she was working in Sathya Suba Hospital at Dindigul as a Nurse. While so, she was found talking with someone in her mobile phone and the petitioner and his wife reprimanded the detenu and that she had gone away from the home. During the course of enquiry, the respondent - Police came to know that there had been a matrimonial dispute between the detenue and her husband / third respondent and based on the earlier complaint, the detenue was brought back by a Special Team and now, the detenue has once again gone out of the house and that the respondent - Police are taking steps to find out her whereabouts in and around Chengelpet and Kancheeputam. During enquiry, it also came to know that on 29.11.

2023 the detenue called her mother and husband from 9444889269 and enquired about her child, who is in the custody of her husband. He would further submit that the respondent - Police are continuing with the investigation and as and when the detenue is secured or her whereabouts is identified, it will be intimated to the petitioner.

3. In view of the above submission of the learned Additional Public Prosecutor, this habeas corpus petition is closed with a direction to the respondent - Police to continue with the investigation in accordance with law

and as and when the detenue is secured or her whereabouts is identified, the same shall be intimated to the petitioner forthwith. [A.D.J.C., J.] [K.R.S., J.] 10.04.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, District Police Office, Velu Nachiyar Valagam, Vollectorate Post, Dindigul.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 10.04.2024