L.Subbulakshmi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI L.Subbulakshmi ... Petitioner Vs.
The State rep. by its
1. The Superintendent of Police, Pudukkottai, Pudukkottai District.
2. The Inspector of Police, Annavasal Police Station, Pudukkottai District.
3.Jayaraman ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 herein to produce the body or person of the petitioner's daughter namely, Ranjitha, D/o.Lakshmanan, aged 21 years, before this Court and set her at liberty.
For Petitioner : Mr.B.Jameel Arasu For Respondents 1 & 2 : Mr.T.Senthil Kumar, Additional Public Prosecutor
O R D E R
[Made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking to direct the respondents to produce the person or body of the petitioner's daughter, namely, Ranjitha, aged about 21 years, before this Court and set her at liberty.
2. It is the case of the petitioner that her daughter, Ranjitha, aged about 21 years, went missing from 18.04.2022 and that the police are not taking effective steps to secure her. Hence, the petitioner has filed the present Habeas Corpus Petition with the above prayer.
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3. Today, Mrs.P.Jeyashree (Mobile No.9498161075), Sub-Inspector of Police, Annavasal Police Station, Pudukkottai District, is present before this Court. On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Annavasal Police Station Crime No.96 of 2022 has been registered on 19.04.2022 for 'woman missing' and during the course of investigation, it came to light that Ranjitha was in love with Jayaraman, third respondent herein and has eloped with him.
4. In such view of the matter, it cannot be stated that Ranjitha is in the illegal custody of the third respondent herein for the issuance of a Writ of Habeas Corpus. However, we direct the Inspector of Police, Annavasal Police Station, Pudukkottai District, to take steps to secure her and produce the detenu Ranjitha before the Judicial Magistrate, Illuppur, Pudukkottai District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law. It is reported that the marriage of detenu Ranjitha with Jayaraman is an inter-caste marriage. Therefore, it is the duty of the Police to provide sufficient protection.
5. Hence, this habeas corpus petition stands closed. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Copy to :
1. The Judicial Magistrate, Illuppur, Pudukkottai District.
2. The Superintendent of Police, Pudukkottai, Pudukkottai District.
3. The Inspector of Police, Annavasal Police Station, Pudukkottai District.
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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
09.06.2022 SS(16/06/2022) 3P 5C 3/3