Pakkiyalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.754 of 2017 Pakkiyalakshmi : Petitioner Vs.

1.The State by the Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi Sub-Division, Cheranmahadevi, Tirunelveli District.

3.The State by the Inspector of Police, Suthamalli Police Station, Tirunelveli District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, to direct the 1st and 3rd respondents herein to produce the body or person of the petitioner's daughter namely "Seethalakshmi" aged about 19 years before this Court and set her at liberty. For Petitioner : Mr.S.Krishnan For Respondents : Mr.T.Mohan Additional Public Prosecutor.

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2.The petitioner is the mother of the detenue, who would state that her daughter, aged about 19 years old, who is alleged to have been missing since 28.04.2017, is before this Court by way of this Habeas Corpus Petition.

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3.It is the admitted case of the petitioner that her daughter eloped with a person and according to the petitioner, she advised her and got her married to one Ganesan, who is none other than the petitioner's brother.

4.The learned Additional Public Prosecutor on instruction submitted that it is the case of elopement. The detenue eloped with a student, with whom she fell in love and they are absconding. A special team has been formed to trace the detenue. 5.In the given facts and circumstances of the case, without going into the aspect as to whether the marriage between the detenue and Ganesan is a valid marriage or not, we close this Habeas Corpus Petition, by directing the respondent police to effectively investigate the case to trace the detenue as expeditiously as possible and if the detenue is traced she shall be produced before the jurisdictional Judicial Magistrate. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi Sub-Division, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

+One cc to Mr.S.Krishnan, Advocate, SR.No.60412 Is/sj RL/5C/2P/KP/SAR1/20/6/2017 ORDER MADE IN H.C.P(MD)No.754 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.06.2017