M.Murugan v. The Superintendent Of Police
H.C.P.(MD)No.669 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.669 of 2021 M.Murugan .. Petitioner/Father of the Detenue Vs
1. The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District.
2. The Inspector of Police, South Thamarikulam Police Station, Kanyakumari District.
3. Rajan .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Habeas Corpus, directing the second respondent to produce the person or body of the petitioner's daughter namely, Nanthini, D/o.Murugan, W/o.Amarnath, aged about 20 years, before this Hon'ble Court and set her at libery. For Petitioner : Mr.S.Ayyanar Premkumar For respondents : Mr.S.Chandrasekar Additional Public Prosecutor for R1 and R2
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.Ayyanar Premkumar, learned Counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents 1 and 2.
2. The petitioner has filed this Habeas Corpus petition alleging that his married daughter has been kidnapped by the third respondent. In this regard, a complaint has been given and a woman missing case has been registered in Crime No.96 of 2021, on the file of the second respondent-Police on 28.04.2021 and CDR details are awaited by the second respondent-Police. The detenue has been married with one Amarnath in February,2021. Prima facie, we are of the view that it is the case of elopement.
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H.C.P.(MD)No.669 of 2021
3. In any event, the whereabouts of the detenue should be traced and the detenue shall be brought to the second respondentPolice Station and the petitioner and the detenue's husband be intimated, so that they can meet the detenue and thereafter, take appropriate action in accordance with law. The above direction to be complied with as early as possible, preferrably within four weeks.
4. Accordingly, we find that there is no unlawful detention and the Habeaus Corpus petition is dismissed.
Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Office of the Superintendent of Police, Kanyakumari District.
2. The Inspector of Police, South Thamarikulam Police Station, Kanyakumari District.
+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-18051[F] dated 29/04/2021 ) H.C.P.(MD) No.669 of 2021 29.04.2021 SR(CO) KB(12.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ __________