Madras High CourtHCP(MD)/236/2022closed

U.Marithai v. The Commissioner Of Police

2022-03-14Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.236 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.236 of 2022 U.Marithai ... Petitioner/mother of the detenu Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli District. ... 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 detenu or body of the detenu ie., the petitioner's minor daughter namely Iswarya, aged about 13 years, D/o.Uchimahali before this Court and to hand over the custody of the detenu to the petitioner herein.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.S.Ravi, Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of her minor daughter Iswarya, aged about 13 years.

2. According to the petitioner, her daughter Iswarya, who was studying in a school went missing. On the complaint by the petitioner, the police has traced the detenue and produced before us. It appears that the detenue had actually eloped with one Sree, aged about 18 years studying in 12th standard. The detenue expressed her willingness to go with her mother.

3. The learned Additional Public Prosecutor would submit that prosecution has been launched against the boy and he has been detained. Considering the fact that he is a juvenile, he is sent to Home.

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H.C.P.(MD) No.236 of 2022

4. In view of the fact that the detenue has been secured, this Habeas Corpus Petition is closed with a direction to the respondent police to continue the investigation and produce the detenue before the concerned Magistrate for further proceedings. The petitioner is also directed to co-operate with the investigation. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Pm To:

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli District.

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

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