M.Mukaiya @ Doss v. The Superintendent Of Police
H.C.P.(MD) No.485 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.485 of 2022 M.Mukaiya @ Doss ... Petitioner/ Father of Detenu Vs.
1.The Superintendent of Police, Tuticorin District, Tuticorin.
2.The Inspector of Police, Muthaiyapuram Police Station, Tuticorin.
... 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 to secure the petitioner's daughter namely, Arumugakani, aged about 33 years, and produce the detenue's body or person before this Court and set her at liberty.
For Petitioner : Mr.KA.Ramakrishnan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
O R D E R
R.SUBRAMANIAN, J.
AND N.SATHISH KUMAR, J.
The petitioner seeks production of the person of his daughter Arumugakani, aged about 33 years.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. According to the petitioner, she is a handicapped woman and she cannot walk. She went missing on 20.03.2022. Complaining inaction on the part of the respondent Police, the petitioner has come up with this Habeas Corpus Petition.
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H.C.P.(MD) No.485 of 2022 4.
Mr.A.Thiruvadikumar, learned Additional Public Prosecutor, upon instructions, would submit that the detenue has taken an auto to Tuticorin Bus stand and from there she boarded into a bus to Madurai. The Police have collected the CCTV footage in the Tuticorin Bus stand showing that the detenue has boarded a bus to Madurai. He would also submit that she has withdrawn a sum of Rs.1,000/- (Rupees One Thousand only) from an ATM on 10.04.2022. The Respondent Police have given a request to the Bank for the location of the ATM.
5. We find that the Police are taking all proper steps to secure the detenue.
6. Considering the fact that she is a major and she has gone on her own, we do not see any case of illegal detention. Therefore, this Habeas Corpus Petition is closed. However, in view of the fact that the detenue is a handicapped woman, we direct the Police to pursue the investigation to its logical conclusion and secure the detenue at the earliest. The Deputy Superintendent of Police, Tuticorin Town, is required to monitor the investigation. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To:
1.The Superintendent of Police, Tuticorin District, Tuticorin.
2.The Inspector of Police, Muthaiyapuram Police Station, Tuticorin.
3.The Deputy Superintendent of Police, Tuticorin Town.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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