R.Subramani, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.176 of 2019 R.Subramani ... Petitioner Vs.

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.

3. Malik

4. Musthafa

5. Mallika

6. Subaitha Beevi ... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the 1st Respondent police to secure the detenu and produce the body or person of the detenu, viz., Shalini, D/o. Subramani, aged 16 years before this Hon'ble Court, illegally detained by the 3rd Respondent and handover the custody of the detenu to the Petitioner forthwith.

For Petitioner : Mr.M.Siddharthan For Respondents 1 & 2 : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

(Order of the Court was made by B.PUGALENDHI, J.) The petitioner is the father of the detenue, one Shalini, aged 16 years (D.O.B. 25.04.2002). According to the petitioner, her daughter Minor Shalini has been forcibly taken by the third respondent. Hence, he lodged a complaint before the second respondent police, which was registered in Crime No.26 of 2019 for women missing. Since the second respondent has not taken any serious steps to trace her daughter, he has has filed this Habeas Corpus Petition.

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2.Today, when the matter is taken up for hearing, the second respondent has produced the detenue before this Court. The detenue has stated that on her own volition, she went along with the third respondent and she is six months pregnant and she also expressed her willingness to go along with the petitioner. The petitioner is also present before this Court and he undertook to take care of the detenue. Since the detenue is a minor, her custody is handed over to the petitioner.

3.Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the State on instructions would submit that the third respondent was also secured by the respondent police and appropriate steps are being taken to alter the offences in Crime No.26 of 2019.

4.The second respondent police shall monitor the safety and wellbeing of the detenue at the hands of the petitioner and conduct investigation in Crime No.26 of 2019 in a fair and impartial manner.

5.The Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) sj To

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.

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

+ 1 CC to Mr.M.Siddharthan, Advocate in SR.No.68218 H.C.P(MD)No.176 of 2019 12.06.2019 KS(25.06.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/