Rengaiyan v. The Superintendent Of Police
H.C.P.(MD) No.1045 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.1045 of 2021 Rengaiyan ... Petitioner/Father of the detenu -vs1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police, Thiruvonam Police Station, Thanjavur District, Crime No.412 of 2021.
3.Pandidurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the 1st and 2nd respondents to produce the body or person of the detenue namely Pavithra [F/24 years], D/o.Rengaiyan, now detained by the third respondent herein before this Court and set her at liberty.
For Petitioner : Mr.G.Sivaraja For Respondents : Mr.S.Ravi, Standing Counsel for the Government
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's daughter viz., Pavithra, aged about 24 years, before this Court and set her at liberty. 2.The petitioner would claim that he is working as an agricultural coolie and he is having one son and one daughter, the detenu herein. He would further state that the third respondent is residing in a nearby village and he is working as a Driver in 108 Ambulance. While so, on 18.06.2021, he found his daughter missing and he came to know that she is illegally detained by the third respondent. Hence, he lodged a complaint with the second respondent and on that basis, a case has been registered in Crime No.412 of 2021, under women missing. But no effective steps have been taken to secure the detenu. Hence, the present habeas corpus petition.
3.Mr.S.Ravi, learned Standing counsel appearing for the respondents 1 and 2 would state that the detenu had already married the third respondent and the same was registered in Sub Registrar Office, https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.1045 of 2021 Kuzhithalai, on 04.01.2021. According to him, both are residing together and hence, there is no illegal detention. The statement of the learned Standing counsel is not disputed by the petitioner herein. 4.In the light of the statement of the learned Standing counsel, we find no merit in this Petition. Accordingly, the Habeas Corpus Petition is closed. However, the second respondent is directed to speed up the investigation in Crime No.412 of 2021 and after completing the investigation, to furnish the report to the petitioner. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police, Thiruvonam Police Station, Thanjavur District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.1045 of 2021 29.07.2021 SS III RS (12.08.2021) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2