Stella Juliat Vasanthabai v. The Superintendent Of Police
H.C.P.(MD).No.1074 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1074 of 2021 Stella Juliat Vasantabai ... Petitioner -vs1.The Superintendent of Police, O/o.Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District, Virudhunagar. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue namely Similin Angel, D/o.Selvaraj Manimaran, aged 19 years before this Court and set her at liberty.
For Petitioner :
M/s.K.Abiya For Respondents :
Mr.S.Ravi Standing counsel for the State
O R D E R
(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the mother of the detenue. Alleging that the petitioner's daughter by name Similin Agel, D/o.Selvaraj Manimaran, aged about 19 years, is found missing from 19.07.2021, the petitioner is said to have given a complaint before the second respondent police. Since no action has been taken by the second respondent police to secure the detenue, the present Habeas Corpus Petition has been filed.
2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that based on the complaint given by the petitioner, the second respondent police has registered an F.I.R. in Crime No.271 of 2021 and the further investigation reveals that the girl has eloped with one Vasanth.
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H.C.P.(MD).No.1074 of 2021
3. Considering the fact that the detenue is a major and is said to have eloped with somebody, the second respondent police is directed to proceed with the investigation and take steps to secure the detenue as early as possible and in the event of securing the detenue, the second respondent police is directed to produce the detenue before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law. The concerned Deputy Superintendent of Police is directed to monitor the investigation. The second respondent police is directed to keep inform the petitioner regarding the progress of the investigation.
4. With the above directions, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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, O/o.Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District, Virudhunagar.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.ABIYA, Advocate ( SR-25452[F] dated 06/08/2021 ) H.C.P.(MD) No.1074 of 2021 04.08.2021 RK (11.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2