S.Nallusamy v. The Inspector Of Police

H.C.P.(MD) No.1260 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1260 of 2021 S.Nallusamy ... Petitioner/Father of detenu Vs.

1.The Inspector of Police Kulathur Police Station, Tuticorin District.

2.Selvaraj ... 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 body or person of the petitioner's daughter Nandhini D/o.S.Nallusamy, W/o.Ayyamperumal, aged about 23 years and grand daughter Susmitha, D/o.Ayyamperumal, aged about 2 years, before this Court and set them liberty.

For Petitioner : Mr.J.Alaguraam Jothi For Respondent-1 : Mr.A.Thiruvadi Kumar, Standing Counsel for State

O R D E R

[Order of the Court was made by V.BHARATHIDASAN, J.] Alleging that the petitioner's daughter, by name, Nandhini, aged about 23 years, and granddaughter Susmitha, aged about 2 years, found missing, the petitioner has given a complaint before the 1st respondent Police, alleging that, both of them lastly seen with the 2nd respondent. Since, no action has been taken, the present Habeas Corpus Petition has been filed.

2. The learned Standing Counsel for the State, on instructions, submitted that the petitioner's daughter is a married woman. The investigation reveals that she eloped with her former lover and left the matrimonial home with the minor child. The whereabouts of the detenues not known and they are continuing the investigation to secure the detenues.

3. Considering the submissions, sine the detenues are found missing more than fifty days, the 1st respondent police is directed https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1260 of 2021 to proceed with the investigation, secure the detenues, as early as possible, and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenues, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk 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 Inspector of Police Kulathur Police Station, Tuticorin District.

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

H.C.P.(MD) No.1260 of 2021 15.09.2021 ES(CO) KB(24.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2