Esak v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P(MD)No.1631 of 2018 Esak : Petitioner Vs.

1. The Superintendent of Police, Ramnad District.

2. The Inspector of Police, Abiramam Police Station, Ramnad District.

3. Sasikumar : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the detenue or her corpus, namely, Prema D/o.Esak, aged about 17 1⁄2 years before this Court and set her at liberty forthwith.

For Petitioner : Mr.A.Uthayakumar For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R.1 & R.2 *****

O R D E R

(Order of the Court was made by R.SUBBIAH, J.) The present Habeas Corpus Petition has been filed by the father of the detenue, seeking a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of the detenue, namely, Prema, aged about 17 1⁄2 years, before this Court and set her at liberty.

2. According to the petitioner, his daughter was missing from 01.11.2018 onwards. Suspecting that the third respondent could have abducted her, the petitioner made a complaint before the second respondent, however, no effective steps have been taken by the respondents police to trace out the detenue and hence, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenue. When we enquired the detenue, she has stated that she is aged about 17 1⁄2 years and due to some misunderstanding, she went out of the home. It is represented that this is the second time, the detenue https://hcservices.ecourts.gov.in/hcservices/

has left the house, however, the detenue has further stated that she is ready and willing to go to her house, with her father / the petitioner herein.

4. Since the detenue is a minor and has expressed her willingness to go with her father / the petitioner herein, nothing survives for further adjudication, since there is no illegal detention. Hence, this Habeas Corpus Petition is closed, by setting the detenue at liberty.

Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police, Ramnad District.

2. The Inspector of Police, Abiramam Police Station, Ramnad District.

3. The Additional Public Prosecutor, Madurai Bench of Madras HighCourt, Madurai.

GK KM/SV/SAR2/17.12.2018/2P/4C ORDER MADE IN HCP(MD)No.1631 OF 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/