Anthonysamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.864 of 2022 Anthonysamy .. Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

3.The Inspector of Police, Mathur Police Station, Pudukkottai District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the person or body of Mariyaselvam, Minor daughter of Antonysamy, aged about 16 years before this Hon'ble Court and entrusted her custody with the petitioner.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his daughter Mariyaselvam Antonysamy, aged about 16 years went missing from 26.04.2022 and the police are not taking effective steps to secure her.

2. Today, Mr.L.Chelladurai, [Mobile No.94981076610], SubInspector of Police, Mathur Police Station, Pudukottai District, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on the compliant given by the petitioner, a case in Mathur Police Station Crime No.69 of 2022 has been registered on 26.04.2022 for 'girl missing'. During the course of investigation, it came to light that Mariyaselvam was in love with one Muthukrishnan and has eloped with him.

4. In such view of the matter, it cannot be stated that Mariyaselvam is in the illegal custody of the respondents 1 to 3 for issuance of a writ of Habeas Corpus. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Keeranur, Pudukottai District to monitor the investigation that is being conducted by the Inspector of Police, Mathur Police Station in Crime No.69/2022 and keep the petitioner informed of the developments, if any. As and when the detenue Mariyaselvam is secured, she may be produced before the learned Judicial Magistrate, Keeranur, under intimation to the petitioner and the learned Judicial Magistrate shall pass orders with regard to custody.

(P.N.P.,J.) (R.H.,J.) 08.07.2022 Index : Yes/No Internet : Yes vsm

P.N.PRAKASH,J.

and R.HEMALATHA,J.

vsm To 1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

3.The Inspector of Police, Mathur Police Station, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.864 of 2022 08.07.2022