Chinnammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Chinnammal ... Petitioner -vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Palani Town Police Station, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents herein to produce person or body of the detenu namely Kokila (F/28Y), W/o.Ganapathy and Dheekshana (F/3y), D/o.Ganapathy before this Court and set them at liberty.

For Petitioner :Mr.V.Regunathan For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the mother of the detenu seeking to produce the alleged detenu namely Kokila (F/28Y), W/o.Ganapathy and Dheekshana (F/3y), D/o.Ganapathy before this Court and set her at liberty.

2. The case of the petitioner is that on 27.12.2023 her son-in-law informed that her daughter was chatting with unknown person through video call on 26.12.2023, because of that, a wordy quarrel arose between them. On 28.12.2023 her son-in-law went for his job, after returning from job he found that her daughter and grand daughter were not in home. In this regard, her son-in-law has lodged a complaint with the third respondent police on 10.01.2024. Based on the complaint, a case in Cr.No.17 of 2024 was registered under "Women Missing and Girl Missing". Since no further action was taken, the petitioner has filed the

present habeas corpus petition before this Court.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the missing person along with her younger child was traced at Ooty and during the enquiry she had stated that due to matrimonial discord, she had left the home and staying at Ooty. The respondent police has produced the detenu along with her younger child before this Court.

4. We enquired the missing person. She informed that due to matrimonial discord, she has left the matrimonial home and she was living at Ooty and now she is ready and willing to go along with her mother/petitioner and she is not under illegal custody of anybody.

5. Recording the same, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 18.07.2024 Index : Yes / No Internet : Yes / No

am To:

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Palani Town Police Station, Dindigul District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 18.07.2024