S.Chandrasekar v. The Superintendent Of Police

H.C.P.(MD).No.1327 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1327 of 2021 S.Chandrasekar ... Petitioner/father of the detenue Vs.

1.The Superintendent of Police, Office of the Superintendent of police, Thoothukudi District.

2. The Inspector of Police, Muthaiapuram Police Station, Thoothukudi District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, or order or direction in the nature of a Writ, directing the respondents No.1 and 2 to produce the person or body of the detenue by name Suja Devi, D/o.Chandrasekar, female, aged 20 years before this Hon'ble Court and set her at liberty.

For Petitioner :

M/S.D.S.Haroon Rasheed 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 detenu. Alleging that the petitioner's daughter by name Suja Devi, D/o.Chandrasekar, aged about 20 years, studying 3rd year Nursing Course at AVM Hospital and College, Thoothukudi District, was found missing from 03.09.2021, the petitioner said to have given a complaint before the second respondent police on 04.09.2021. Though C.S.R No.559 of 2021 has been issued, so far no action has been taken by the second respondent police to secure the detenu, hence the present Habeas Corpus Petition has been filed.

2.Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions, would submit that the detenu eloped with one Kalish, S/o.Ganesan, aged about 20 years and whereabouts are not known. The second respondent police is conducting an investigation. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD).No.1327 of 2021 3.Considering the above circumstances, the second respondent police is directed to proceed with the investigation and take steps to secure the detenu as early as possible and in the event of securing the detenu, the second respondent police is directed to produce the detenu before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenu, 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) rm 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, Office of the Superintendent of police, Thoothukudi District.

2. The Inspector of Police, Muthaiapuram Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.1327 of 2021 09.09.2021 RK (20.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2