T.Selvakumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA T.Selvakumar ... Petitioner -vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Karimedu Police Station, Madurai District.

... 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 namely Yuvalakshmi D/o. Selvakumar, aged about 24 years, before this Court and set her at liberty.

For Petitioner :

Mr.M.Ganeshkamu For Respondents :

Mr.T.Senthil Kumar, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the body or person of the petitioner's daughter viz., Yuvalakshmi, aged about 24 years, before this Court and set her at liberty.

2. It is the case of the petitioner that his daughter Yuvalakshmi, aged 24 years, went missing from 09.07.2022 and that the police are not taking effective steps to secure her. Hence, the present habeas corpus petition with the above prayer.

3. Today, K.Saleem Sait, Special Sub-Inspector of Police, Karimedu PS, is present before this Court. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in

Karimedu Police Station Crime No.478 of 2022 has been registered on 10.05.2022 for 'woman-missing' and during the course of investigation, it came to light that Yuvalakshmi was in love with one Vigneshwaran and has eloped with him.

4. Learned Additional Public Prosecutor further submitted that on a complaint given by one Ramaiah, father of Vigneshwaran, a case in Sellur Police Station Crime No.618 of 2022 for 'man-missing' has been registered.

5. In view of the above, it cannot be stated that the petitioner's daughter is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

6. Hence, this habeas corpus petition stands closed. However, we direct the Assistant Commissioner of Police, Thideer Nagar Range, Madurai City, to supervise the investigation in Karimedu Police Station Crime No.478 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Yuvalakshmi, aged about 24 years, is secured, she shall be produced

before the Judicial Magistrate Court No.V, Madurai, under intimation to the petitioner and learned Judicial Magistrate shall pass appropriate orders with regard to custody in accordance with law.

[P.N.P., J.] [R.H., J.] 15.07.2022 Index : Yes / No Internet : Yes / No pkn To:

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Karimedu Police Station, Madurai District.

3. The Inspector of Police, Sellur Police Station, (Cr.No.618 of 2022) Madurai District.

4. The Judicial Magistrate Court No.V, Madurai.

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

P.N.PRAKASH , J.

and R.HEMALATHA , J.

pkn 15.07.2022