S.Shenbagavalli v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.898 of 2022 S.Shenbagavalli .. Petitioner /mother of the detenue Vs.

1. The Superintendent of Police, Virudhunagar District Virudhunagar.

2. The Inspector of Police, Aruppukottai Police Station, Virudhunagar District.

3. Arun Pandian .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 1st and 2nd respondents to produce the body or person of the petitioner's minor daughter the detenue Jeyachithra, D/o.Late C.Seenivasan, aged about 17 years, now illegally detained by the 3rd respondent before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.B.Vinoth Kumar For Respondents : Mr.A.Thiruvadikumar for R1 & R2 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 Jeyachitra, aged 17 years, went missing from Typewriting Institute from 16.05.2022 and that police are not taking effective steps to secure her.

2. Today, Mr.K.Ramamoorthy, Special Sub Inspector of Police, Aruppukottai Police Station, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Aruppukottai Town Police Station Crime No.115/2022 for 'girl missing' has been registered on 16.05.2022 and during the course of investigation, it came to light that Jeyachitra was in love with the third respondent Arun Pandian with whom, she has eloped.

4. In such view of the matter, it cannot be stated that Jeyachitra is in the illegal custody of the respondents 1 and 2 for issuance of a writ of Habeas Corpus. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Aruppukottai to monitor the investigation that is being conducted by the Inspector of Police, Aruppukottai Town Police Station Crime No.115/2022 and keep the petitioner informed of the developments, if any. As and when Jeyachitra is secured, she may be produced before the Additional Mahila Court (Magisterial Level), Thanjavur, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody. (P.N.P.,J.) (R.H.,J.) 24.06.2022 Index : Yes/No Internet : Yes RR

To 1.The Judicial Magistrate Aruppukottai.

2.The Superintendent of Police, Virudhunagar District Virudhunagar.

3.The Deputy Superintendent of Police, Aruppukottai.

4.The Inspector of Police, Aruppukottai Police Station, Virudhunagar District.

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

P.N.PRAKASH,J.

and R.HEMALATHA,J.

RR H.C.P.(MD)No.898 of 2022 24.06.2022