Bhuvaneshwari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.408 of 2023 Bhuvaneshwari ... Petitioner / Mother of the detenue Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur Town Sub Division, Karur District.

3.The Inspector of Police, Thanthonimalai Police Station, 4.Madhan 1/6

5.The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

6.The Inspector of Police, All Women Police Station, Bavani, Erode District.

... Respondents (R5 and R6 are suo motu impleaded as per the orders of this Court dated 29.03.2023 and 11.04.2023 respectively.) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the person or body of the petitioner's daughter by name Mailimonisha, D/o.Chandrakumar, aged about 19 years before this Court and set her at liberty.

For Petitioner : Mr.R.Alagumani For R1 to R3, R5 : Mr.A.Thiruvadi Kumar & R6 Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of her daughter, namely, Mailimonisha, aged about 19 years, has filed this Habeas Corpus Petition. 2/6

2.The detenue girl had already been produced before this Court and she stated that she married with the 4th respondent, namely, Madhan and she wanted to go with him that has been taken note of by this Court. We have given a direction to the respondent Police to investigate the matter thoroughly including the investigation by way of Forensic Report of the mobile phone of the 4th respondent in order to get revelation if any as to the character and antecedent of the 4th respondent, where he is having a habit of moving closely with other girls and cheated them in earlier occasions. 3.On this aspect, after getting Forensic Report on 30.05.

2023 from the Regional Forensic Science Laboratory, status report has been filed by the 5th respondent, which has been filed before this Court today by the learned Additional Public Prosecutor for the official respondents. On perusal, we find that since nothing suggested incriminating in the investigation that is already on, pursuant to the First Information Report registered in Crime No.96 of 2023 on the file of the 5th respondent Police Station, the same can be permitted to go on to reach its logical conclusion.

4.In view of the same we feel that the 5th respondent can further proceed to complete the investigation on the said First Information Report and to file a final report accordingly. Insofar as the production of the detenue is concerned, she has already been produced by the respondent Police and she being a major wants to go with the 4th respondent and that has already been taken note of by this Court. By considering the same, we feel that this Habeas Corpus Petition can be closed, accordingly, it is closed. (R.S.K., J.) & (K.K.R.K, J.) 13.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur Town Sub Division, Karur District.

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3.The Inspector of Police, Thanthonimalai Police Station, 4.The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

5.The Inspector of Police, All Women Police Station, Bavani, Erode District.

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR H.C.P.(MD)No.408 of 2023 13.06.2023 6/6