S.Karpagam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1578 of 2017 S.Karpagam : Petitioner Vs.

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

2.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District.

3.K.Sathish Kumar : Respondents PRAYER: Petition is 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, S.Athirshtalakshmi, aged about 18 years, D/o.Sonaimuthu, from the illegal custody of the third respondent and produce her before this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents 1&2 : Mr.C.Ramesh Additional Public Prosecutor For Respondent 3 : No Appearance

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the mother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu, namely, S.Athirshtalakshmi, aged about 18 years, D/o.Sonaimuthu, from the illegal custody of the third respondent and produce her before this Court and set her at liberty.

2. According to the petitioner, on an earlier occasion, the third respondent kidnapped her daughter and on a complaint made by the husband of the petitioner, the detenu was rescued. While so, from 04.09.2017, her daughter was missing. The petitioner reliably came to know that the third respondent herein had abducted the detenu. In this regard, the petitioner made a complaint before the https://hcservices.ecourts.gov.in/hcservices/

second respondent. Since no effective steps were taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenu. When we enquired the detenu, though initially she was reluctant to go along with her mother, finally, she has agreed to join her mother. We have enquired the petitioner also.

4. The learned Additional Public Prosecutor, on instructions, would submit that the second respondent police registered a case against the third respondent and the investigation is going on.

5. Recording the above submission, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District.

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

+1cc to M/S.A.Haja Mohideen, Advocate SR.No. 93680 ORDER MADE IN H.C.P.[MD].No.1578 of 2017 19.12.2017 nb JM/KK/SAR 1/11.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/