R.Umarani v. The Superindent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.10.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No. 1212 of 2016 R.Umarani .. Petitioner vs.

1 THE SUPERINDENT OF POLICE, THANJAVUR DISTRICT.

2 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.374/2016) 3 DEEPAN RAJ S/O. KALIAMOORTHY NO.40 PALANIYAANDAVAR SEKKADI STREET KUMBAKONAM TALUK THANJAVUR DISTRICT 4 VASUKI W/O. DEIVENDRAN, MELATHERU, SRINIVASANALLUR, THIRUNAGESWARAM, KUMBAKONAM TALUK, THANJAVUR DISTRICT.

.. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus directing the 1st and 2nd respondents to produce the body of the petitioner s minor daughter / detenu namely RAMYA @ SUBASRI D/o. Ramdoss aged about 17 years before this Court and handover the custody of the detenu to the petitioner.

For Petitioner : Mr.J.Vijayaraja For Respondents : Mr.A.Ramar for R1 & R2 Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) https://hcservices.ecourts.gov.in/hcservices/ The petitioner is the mother of one Ramya @ Subasri, aged 17 years. According to the petitioner, she has been found missing from

27.08.2016 onwards. In this regard, on a complaint made, a case has been registered in Crime No.374/2016 for 'girl missing' on the file of the 2nd respondent. Sine the girl was not secured, the petitioner has come up with this petition.

2. Today, when the matter was taken up, the Deputy Superintendent of Police, Kumbakonam, appeared. The Inspector of Police/2nd respondent produced the detenue before this Court.

3. The petitioner and her husband also made appearance. When we enquired the detenue, she told us that she had gone out of her parental home and stayed at the house of her friend. The Inspector of Police also says so. However, it is seen that in the complaint itself, the petitioner has stated that the detenue would have been kidnapped by the 3rd respondent. Investigation has revealed that Deepanraj, namely, the 3rd respondent is still found missing. Therefore, the matter, in our considered view, requires to be investigated. However, since the minor girl wants to go with the parents, we close this Habeas Corpus Petition entrusting her custody to the petitioner and her husband.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1 THE SUPERINDENT OF POLICE, THANJAVUR DISTRICT.

2 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 1 CC TO Mr.J.VIJAYARAJA, ADVOCATE IN SR No. 61358 RR TE/CK : 08/11/2016 : 2P/5C HCP.(MD)No.1212 of 2016 18.10.2016 https://hcservices.ecourts.gov.in/hcservices/