Madras High CourtHCP(MD)/561/2023disposed of

K.Muthukaruppan v. The Superintendent Of Polie

2023-05-10Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Muthukaruppan ... Petitioner -vs1.The Superintendent of Police Madurai Madurai District 2.The Inspector of Police C-4 Y.Othakkadai Police Station Madurai District 3.Abubakkar Siddik ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the detenue Kalaiselvi, daughter of Muthukaruppan, aged about 27 years, before this Court and set her at liberty.

For Petitioner :

Mr.S.C.Herold Singh For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor for R1 & R2

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.

2. Issuance of notice to the third respondent is dispensed with.

3. The case of the petitioner is that his married daughter is missing. It appears that based on the complaint given by the petitioner, a case in Crime No.161 of 2023 has been registered on the file of C-4 Y.Othakkadai Police Station, Madurai District. The so-called detenue is a major, aged about 27 years. Prima facie, it appears to be a case of elopement.

4. Be that as it may, no case for issuance of notice in this habeas corpus petition is made out. However, we direct the second respondent to take earnest efforts to trace the detenue. The jurisdictional Deputy

Superintendent of Police will monitor the investigation and as and when the detenue is secured, she will be produced before the learned jurisdictional Magistrate. The learned jurisdictional Magistrate will enquire the detenue and pass appropriate orders based on the outcome of the said enquiry.

5. With the above direction to the second respondent to secure the detenue as expeditiously as possible, this habeas corpus petition is disposed of.

[G.R.S., J.] [S.S.Y., J.] 10.05.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

2.The Inspector of Police, C-4 Y.Othakkadai Police Station, Madurai District.

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

G.R.SWAMINATHAN , J.

and S.SRIMATHY , J.

krk 10.05.2023