Madras High CourtHCP(MD)/772/2022disposed of

P.Varthanan v. The Superintendent Of Police

2022-06-08Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P.(MD)No.772 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI H.C.P.(MD)No.772 of 2022 P.Varthanan : Petitioner Vs.

1.The Superintendent of Police, Nagercoil Kanyakumari District.

2.The Sub Inspector of Police, Kaliyakkavilai Police station, Kaliyakkavilai Kanyakumari District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the body or person of the petitioner's daughter, the detenue, namely, V.Arsha aged about 19 years, before this Court and set her at liberty.

For Petitioner : Mr.C.Kishore For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) It is the case of the petitioner that her daughter Arsha, aged about 19 years went missing from 27.04.2022 and that police are not taking effective steps to secure her.

2.Today, Mr.T.Chinthamani, Sub Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai is present. 3.On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Kaliyakkavilai Police Station Crime No.135/2022 has been registered on 06.05.2022 for 'woman missing'. It is submitted that based on the complaint given by the petitioner, the police traced Arsha and produced her before this Court.

4.When we enquired Arsha, she stated that her date of birth is 21.12.2002 and that she is not in the illegal detention of anybody. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.772 of 2022 She further stated that she is staying in Sonari Hostel (9363254386), which is in Oothukuli and is working in Tiruppur. She further stated that she is not willing to go with her father. Since Arsha is not in the illegal custody of the respondents herein, no writ of Habeas Corpus can be issued. Hence, the petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Sub Inspector of Police, Kaliyakkavilai Police station, Kaliyakkavilai, Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.T.MURUGAN, Advocate ( SR-24553[F] dated 08/06/2022 ) +1 CC to M/s.C.KISHORE, Advocate ( SR-24841[F] dated 09/06/2022 ) H.C.P.(MD)No.772 of 2022 Dated: 08.06.2022 MGJ(16.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2