R. Saraswathy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.85 of 2016 R.Saraswathy : Petitioner Vs.
1.The Superintendent of Police, Madurai Rural, Madurai-625 007.
2.The Deputy Superintendent of Police, Usilampatti Range, Madurai District-625 532.
3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.
4.K.Veerana Raj 5.J.Arunpandi : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the body or person of the detenu, namely the petitioner's daughter R.Krishna Veni, aged about 24 years and the petitioner's grand children detenus namely V.Ranno (aged 5 years) and V.Danglie (aged 6 months/2016) before this Court and set them at liberty.
For Petitioner : Mr.P.Murugapandi For Respondents 1to3 : Mr.A.Ramar, Additional Public Prosecutor For Respondents 4&5 : No Appearance *******
ORDER
****** (Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Mrs.R.Krishnaveni. Mrs.R.Krishnaveni has already married having two children, by name V.Ranno, aged 5 years and V.Danglie, aged 6 months. According to the petitioner, the first detenu along with her children has been found missing from 11.01.2016 onwards. In this regard, she has made a complaint to the police, upon which, a case has been
registered by the third respondent in Crime No.18 of 2016. The same is now being investigated by the second respondent. The woman along with the children has not been so far rescued, is the grievance of the petitioner. Therefore, she is before this Court with the present Habeas Corpus Petition.
2. In this Habeas Corpus Petition, earlier, few status reports have been filed by the Deputy Superintendent of Police, detailing the steps taken during the course of investigation to trace out the missing persons.
3. Today, when the matter was taken up, Mr.S.Ramakrishnan, the Deputy Superintendent of Police, Usilampatti Sub-Division, Usilampatti, made appearance. He has also filed a status report, wherein he has detailed the steps taken by him in the matter of investigation. Among other things, he has stated that the fifth respondent-Mr.J.Arunpandi, a resident of Bangalamedu Village, is also found missing and in connection with the same, a man missing case was registered and the same was, subsequently, closed. In the status report, the Deputy Superintendent of Police has further stated that the first detenu Mrs.R.Krishna Veni had illicit relationship with the fifth respondent and she has now eloped with him taking the children also. He has further stated that during the course of investigation, one Mr.
Anbalagan, the Sub-Inspector of Police along with a team of police officials was asked to go in search of the detenus. They went to Parakala, Popala Palli and Karapalli in Telengana State in search of the detenus and during investigation, it came to light that the petitioner is residing at Karapalli in Andhra Pradesh. During investigation, she has stated that the first detenu Mrs.R.Krishna Veni has been talking to her through phone. The first detenu has been using only a land line phone and not any cell phone. The investigation has, further, revealed that the first detenu spoke to the petitioner one month ago through phone.
From the materials collected so far, the Deputy Superintendent of Police has concluded that it is not a case of illegal confinement, but, it is a case of elopement of the first detenu with the fifth respondent taking the children also.
4. From the above said facts, we do not find any reason to doubt the credibility of the said statement made by the Deputy Superintendent of Police. From the materials placed before us, we are satisfied that the first detenu-Mrs.R.Krishna Veni has eloped with the fifth respondent and there is no illegal detention at all. Since the investigation is being conducted in the right direction, no further direction is required in this matter. In view of the said position, we are inclined to only dismiss the Habeas Corpus Petition and accordingly, the same is dismissed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar
To 1.The Superintendent of Police, Madurai Rural, Madurai-625 007.
2.The Deputy Superintendent of Police, Usilampatti Range, Madurai District-625 532.
3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/s.P.Murugapandi, Advocate SR.No.53064 Order made in H.C.P.(MD) No.85 of 2016 Dated:
15.09.2016 sml SD/CK/22.09.2016/3P/6C