Madras High CourtHCP(MD)/1040/2022closed

P.Santhanam v. The Commissioner Of Police

2022-07-01Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.VIJAYAKUMAR H.C.P.(MD)No.1040 of 2022 P.Santhanam .. Petitioner / father of the detenue Vs.

1.The Commissioner Madurai City Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai City.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to produce the person or body of the daughter of the petitioner namely Nivetha 19 years old girl before this Court and set her at liberty.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.VIJAYAKUMAR, J.] It is the case of the petitioner that his daughter Nivetha, aged 19 years went missing from 29.05.2022 and that police are not taking effective steps to secure her.

2. Today, Mr.K.Kumar, Special Sub Inspector of Police, S.S.Colony Police Station, Madurai, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in S.S.Colony Police Station Crime No.1099/2022 has been registered for 'woman missing' and during the course of investigation, it came to light that Nivetha was in love with one Jeyakumar and has eloped with him. In such view of the matter, it cannot be stated that Nivetha is in the illegal custody of the respondents herein for issuance of a Writ of Habeas Corpus. Hence, this petition is closed with a direction to the Assistant Commissioner, Thideer Nagar Police Station, to monitor the investigation that is being conducted by the Inspector

of Police, S.S.Colony Police Station in Crime No.1099/2022 and keep the petitioner informed of the developments, if any. As and when Nivetha is secured, she may be produced before the Judicial Magistrate, No.V, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody.

(P.N.P.,J.) (R.V.,J.) 01.07.2022 Internet : Yes RR To 1.The Commissioner Madurai City Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai City.

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

P.N.PRAKASH,J.

and R.VIJAYAKUMAR, J.

RR H.C.P.(MD)No.1040 of 2022 01.07.2022