Maragatham v. The Superintendent Of Police

H.C.P(MD)No.472 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.472 of 2022 Maragatham ... Petitioner vs.

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

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station, Sivagangai 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 body or person of the detenue namely, Muthu Poonkodi aged about 19 years D/o.Muthu Erulandi before this Court and consequently to set the detenue at her liberty. For Petitioner : Mr.K.Gowtham For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of her daughter Muthu Poonkodi D/o. Muthu Erulandi, aged about 19 years. 2.

According to the petitioner, her daughter who was doing Nursing Course in Devaki Hospital at Karaikudi, went missing from 10.03.2022. A complaint was lodged with the 3rd respondent Police who had issued a CSR. Complaining inaction on the part of the Police, the petitioner has come up with this Habeas Corpus Petition. 3.

Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that the petitioner and her husband https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.472 of 2022 themselves had stated before the Police that their daughter(detenue) had been talking to one Vijayabalan very often during the past few months and they have a doubt that she would have gone with him. The call details of the mobile phone of the detenue has also been sought for. According to the learned Additional Public Prosecutor, the Police have ascertained that the detenue had eloped with the said Vijayabalan and they have been attempting to trace them. If the call details are made available, the Police would be able to trace the detenue.

4.

In view of the statement made by the learned Additional Public Prosecutor and the report filed by the Sub Inspector of Police, Karaikudi North Police Station, we do not see any illegal detention. The Habeas Corpus Petition is therefore dismissed. Sd/- Assistant Registrar (T&P) // True Copy // 26/04/2022 Sub Assistant Registrar(CS) bala To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

COPY TO:

The Joint Secretary to Government, Public (Law & Order), Fort saint George, Chennai-600 009.

H.C.P(MD)No.472 of 2022 30.03.2022 RD(26.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2