Madras High CourtHCP(MD)/1313/2021closed

Muthupandi v. The Superintendent Of Police

2021-09-07Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.1313 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1313 of 2021 Muthupandi ... Petitioner/Father of the detenu -vs1.The Superintendent of Police, Madurai, Madurai District.

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

3. Thangam ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the detenu or her corpus namely Priya, D/o.Muthupandi, female, aged about 21 years before this Hon'ble Court and set her at liberty forthwith. For Petitioner :

Mr.M.Karunanithi For R-1 & R-2 : Mr.S.Ravi, Standing counsel for the State.

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the father of the detenue. Alleging that the petitioner's daughter by name Priya, aged about 21 years, was found missing from 26.06.2021, the petitioner said to have given a complaint before the second respondent police on 28.08.2021. But, so far no action has been taken by the second respondent police to secure the detenue. Hence the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that the initial investigation reveals that the detenue eloped with the third respondent and also got married and there is no illegal detention as alleged by the petitioner.

3. Considering the above circumstances, the second respondent police is directed to proceed with the investigation and take steps https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1313 of 2021 to secure the detenue as early as possible and in the event of securing the detenue, the second respondent police is directed to produce the detenue before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law.

4. With the above directions, the 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, Madurai, Madurai District.

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to:- The Chief Judicial Magistrate Madurai.

H.C.P.(MD) No.1313 of 2021 07.09.2021 RK(16.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2