Solaiyappan v. The Superintendent Of Police
H.C.P.(MD) No.1311 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1311 of 2021 Solaiyappan ... Petitioner/father of the detenu -vs1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Sub-Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
3.Jillulhak ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 and 2, to produce the detenu or her corpus namely Panneersolai, daughter of Solaiyappan, female, aged 17 years before this Court and hand over the custody to the petitioner. For Petitioner :
Mr.A.Uthayakumar For Respondents :
Mr.S.Ravi No.1 & 2 Additional Public Prosecutor
O R D E R
(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Panneersolai, aged about 17 years, was found missing from 10.08.2021 and she was kidnapped by the third respondent, the petitioner has lodged a complaint before the second respondent police. Even though an F.I.R has been registered in Crime No.622 of 2021, so far no action has been taken to secure the detenue. Hence, present Habeas Corpus Petition has been filed.
2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that based on the complaint given by the petitioner, already a case in Crime No.622 of 2021, had been registered by the second respondent police and the initial investigation reveals that the third respondent is a resident of Assam and he is the friend of the detenue and they were working https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.1311 of 2021 together in a Mill. The detenue on her own has left the parental home and gone with the third respondent to Assam. The Assam police secured the detenue and on information, the second respondent police secured the detenue and produced before this Court. 3.We have enquired the detenue. She has stated that on her own, she has gone to Assam along with the third respondent, who is her friend and now, she wants to continue her studies. The petitioner also present before this Court and he is willing to take care of the detenue.
4.Considering the fact that the detenue was secured and she is willing to go with the petitioner/father, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS III) // 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, Ramanathapuram District, Ramanathapuram.
2.The Sub-Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.1311 of 2021 07.10.2021 VR(CO)/RS (21.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2