Madras High CourtHCP(MD)/264/2022dismissed

S.Murugan v. The Superintendent Of Police

2022-02-23Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.264 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.264 of 2022 S.Murugan ... Petitioner Vs.

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

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

3.Vinoth Kumar ... 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 herein to secure the detenue namely M.Hemalatha, daughter of S.Murugan, aged 21 years and produce the person or body of the detenue before this Court and set her at liberty. For Petitioner : Mr.R.J.Karthick For R-1 & R-2 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner who is the father of the detenue, seeks production of the person of the detenue.

2. The detenue Hemalatha is aged 21 years. She was married to the third respondent on 27.01.2022. She has been missing from the house of the third respondent from 04.02.2022. 3.The learned Additional Public Prosecutor upon instructions would submit that it is a case of elopement and neither the father nor the third respondent, who have lodged online complaint appeared for enquiry when they were summoned.

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H.C.P.(MD) No.264 of 2022

4. Considering the fact that the detenue is a major and no case of illegal detention is made out, the Habeas Corpus Petition is dismissed. The respondent police is however directed to continue the investigation.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PM-PN Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

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

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

H.C.P.(MD) No.264 of 2022 23.02.2022 CK(CO) GC(05.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2