Madras High CourtHCP(MD)/806/2017disposed of

K.Manoharan v. The Superintendent Of Police

2017-06-08Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.806 of 2017 K.Manoharan : Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Avudayarkovil Police Station, Pudukkottai District.

3.M.Sababathy : 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 produce the body of the detenu - Padma, D/o.K.Manoharan, aged about 25 years before this Court and set her at liberty from the illegal custody of the respondent No.3.

For Petitioner : Mr.R.Venkateshwar For Respondents 1&2 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2. The petitioner is the father of the detenu, who is a married person and her husband is working abroad and at present, he has come to India. The detenu is missing from 12.05.2017. In this regard, the petitioner has lodged a complaint, which is yet to be taken on file.

3. The learned Additional Public Prosecutor, on instructions from the second respondent police, reports that the detenu has eloped with the third respondent herein.

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4. In view of the above, we are of the view that there is no illegal detention of the detenu. In any event, the second respondent

is directed to register a case, investigate the case and produce the detenu before the jurisdictional Magistrate, within a period of three weeks from the date of receipt of a copy of this order.

5. The Habeas Corpus Petition is disposed of on the above terms.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Avudayarkovil Police Station, Pudukkottai District.

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

Nb JS/KP/SAR.1/15.6.2017/2P-4C ORDER MADE IN H.C.P.[MD].No.806 of 2017 08.06.2017 https://hcservices.ecourts.gov.in/hcservices/