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Madras High CourtHCP(MD)/355/2024closed

Elangovan v. The Superintendent Of Police

2024-04-15Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Elangovan .. Petitioner / Father of the Detenue Vs.

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

2.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

(Crime No.48 of 2024).

3.Karthi 4.Jaya Selvam 5.Vadivel .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents herein to produce the body or person of detenue by name Srividhya, D/o.Elangovan, aged about 30, who has been illegally detained by the third to fifth respondents and produce her before this Court and set her at liberty.

For Petitioner : Mr.C.Suresh Kannan For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The Habeas Corpus Petition has been filed by the father of the alleged detenue seeking production of his daughter before this Court.

2. It is the case of the petitioner that his daughter, namely, Srividhya, aged about 30 years, was found missing on 05.02.2024 and based on his complaint, a case in Crime No.48 of 2024 was registered for woman missing on 06.02.2024. Further, during enquiry, he came to know that the third respondent, one Karthi, who is also a resident of the same locality, by using sweet coated words and giving false promise of marriage, with the help of the respondents 4 and 5, had abducted his daughter. Since no steps were taken by the respondent Police, he had approached this Court by filing this Habeas Corpus Petition.

3. The second respondent has filed a status report. When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that the petitioner's daughter is aged about 30 years. During enquiry, the respondent Police came to know that she was in love with the third respondent, who is also a person from the same locality and since it was objected to by the petitioner, she has gone along with the third respondent. He would further submit that the petitioner is also aware of the same, since the alleged detenue had sent a whatsapp message to her brother, the petitioner's son. However, the respondent Police are taking steps to find out the whereabouts of the said Karthi and the alleged detenue. He would also submit that the investigation reveals that the alleged detenue is not in illegal detention and as and when the whereabouts of the alleged detenue is traced, it would be informed to the petitioner.

4. Recording the above submission, the Habeas Corpus Petition stands closed.

(A.D.J.C.,J.) (K.R.S.,J.) 15.04.2024 NCC : Yes / No Index : Yes / No Lm

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

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

A.D.JAGADISH CHANDIRA,J.

and K.RAJASEKAR,J.

Lm 15.04.2024