Mrs.B.Vallimayil, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.554 of 2019 B.Vallimayil ... Petitioner Vs.
1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2.The Inspector of Police, Tirupalaikudi Police Station, Tirupalaikudi, Ramanathapuram District.
...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 Respondents to produce petitioner's daughterin-law Raji, aged 32 years, W/o. B.Vijayakumar before this Hon'ble Court and set her at liberty.
For Petitioner : Mr.R.Saravanan For Respondents 1 & 2 : Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner alleging illegal custody and detention of her daughter-in-law Raji, W/o. B.Vijayakumar, aged about 32 years at the hands of her parents came forward to file this Habeas Corpus Petition.
2.Mr.K.Dinesh Babu, learned Additional Public Prosecutor accepts notice on behalf of the respondents and on instructions would submit that earlier the daughter-in-law of the petitioner had eloped with one Murali along with two children and she was secured and now for the second time, she eloped with the very same person and at the instance of the father of the detenue, a case was registered in Crime No.62 of 2019 by the second respondent for women missing and the investigation is on.
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3.In the light of the above facts and circumstances of the case, this Court is of the prima-facie view that the detenue is not in the illegal detention or custody of her parents. However, taking into account the anxiety exhibited by the petitioner, this Court directs the the second respondent to conduct the investigation in Crime No.62 of 2019 registered by them for women missing in a fair and impartial manner and complete the investigation as expeditiously as possible and file a final report. In the meanwhile, if the detenue is traced, she shall be produced before the learned jurisdictional Judicial Magistrate for passing appropriate orders as to the custody.
4.The Habeas Corpus Petition is disposed of with the above directions.
Sd/- Assistant Registrar (A.E) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2.The Inspector of Police, Tirupalaikudi Police Station, Tirupalaikudi, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.SARAVANAN, Advocate SR-71051. H.C.P(MD)No.554 of 2019 25.06.2019 CS: (09/07/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/