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Madras High CourtHCP(MD)/430/2019disposed of

Soundarapandian v. The Commissioner Of Police,

2019-07-03Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.430 of 2019 Soundarapandian ... Petitioner Vs.

1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Karimedu Police Station, Madurai.

3.Arun Balaji alias Jendi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the daughter of the petitioner namely Ms.Varshini, D/o Soundraapandian, aged 24 years, before this Court and set her at liberty.

For Petitioner : Mr.S.Pon Senthil Kumaran For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.1 and R.2

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J) The petitioner is the father of the detenu, viz., Varshini, aged about 24 years and she has studied B.E., M.B.A., and she is missing from 22.03.2019 and appears to have alleged with one Arun Balaji @ Jendi, who studied with her daughter. The petitioner, apprehending safety, whereabouts and well being of his daughter, came forward to file this Habeas Corpus Petition.

2. Heard the submissions of the learned Counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the State, on instructions, who would state that with regard to the missing of the daughter of the petitioner, a case in Cr.No.306 of 2019 was registered by the second respondent for "Woman missing", on 03.04.2019 and the investigation is on. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the fact that the detenu is well educated and also is aged about 24 years, this Court directs the second respondent to conduct fair and impartial investigation with regard to the registration of the case in Cr.No.306 of 2019 and also expedite the investigation and as and when the detenu as well as the third respondent are traced, they shall be produced before the Court of Judicial Magistrate No.V, Madurai, for passing appropriate orders as to their custody.

4. The second respondent is also directed to periodically inform the petitioner, as to the progress being made in the investigation. The Assistant Commissioner of Police, Thilakarthidal Police Station, Madurai is also directed to monitor the investigation and give necessary in-puts/instructions, to the second respondent for carrying out the investigation.

5. The Habeas Corpus Petition stands disposed of accordingly. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS- ) Ssl To 1.The Judicial Magistrate No.V, Madurai.

2.The Commissioner of Police, Madurai.

3. The Assistant Commissioner of Police, Thilakarthidal Police Station, Madurai

4. The Inspector of Police, Karimedu Police Station, Madurai.

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

+1 CC to M/s.S.PON SENTHIL KUMARAN, Advocate ( SR-73354[F] dated 04/07/2019 ) H.C.P(MD)No.430 of 2019 03.07.2019 ES/22.07.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/