Pandiselvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Pandiselvi ... Petitioner Vs.

1. The Superintendent of Police, Theni District, Theni.

2. The Deputy Superintendent of Police, Theni, Theni District.

3. The Inspector of Police, Allinagaram Police Station, Theni District.

4.Anushya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 to 3 herein to produce the body or person of the detenue namely, Minor Veerammal, D/o.Balamurugan, aged 15 years, before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.M.Jothi Basu For Respondents 1 to 3 : Mr.A.Thiruvadi 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, Veerammal, aged about 15 years, before this Court and set her at liberty.

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2. It is the case of the petitioner that her daughter,Veerammal, aged about 15 years, went missing from 31.05.2022 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.

3. Today, Mrs.M.Pandiyammal (Mobile No.9498187722), Sub-Inspector of Police, Allinagaram Police Station, Theni District, is present before this Court. On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Allinagaram Police Station Crime No.132 of 2022 has been registered on 01.06.2022 for 'girl missing' and during the course of investigation, it came to light that Minor.Veerammal was in love with one Mani Prakash, who also belongs to same community and has eloped with him.

4. In such view of the matter, it cannot be stated that Veerammal is in the illegal custody of the respondents herein for the issuance of a Writ of Habeas Corpus. However, we direct the Deputy Superintendent of Police, Theni-second respondent herein, to supervise the investigation in Allinagaram Police Station Crime No.132 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu Veerammal is secured, she shall be produced before the Judicial Magistrate Court, Theni, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law.

5. Hence, this habeas corpus petition stands closed. Sd/- Assistant Registrar (crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Copy to :

1. The Judicial Magistrate, Theni.

2. The Superintendent of Police, Theni District, Theni.

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3. The Deputy Superintendent of Police, Theni, Theni District.

4. The Inspector of Police, Allinagaram Police Station, Theni District.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-25711[F] dated 15/06/2022 ) 14.06.2022 SS(21/06/2022) 3P 7C 3/3