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Madras High CourtHCP(MD)/1389/2021closed

Jeyalakshmi v. The Superintendent Of Police

2021-09-20Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.1389 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1389 of 2021 Jeyalakshmi ... Petitioner/Mother of the Detenue -vs1. The Superintendent of Police, Near to District Collector Office Thanthonimalai Karur District - 639 007.

2. The Inspector of Police, Thogamalai Police Station, Thogamalai, Karur District.

3. Maruthamuthu @ Vinoth

...Respondents

PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the first respondent to produce the body or person of petitioner's daughter Sharmiladevi, D/o.Manimaran, aged 20 years before this Court and set her at liberty and thus render justice. For Petitioner :

Mr.T.Dhamodharan For Respondents :

Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's daughter, by name, Sharmiladevi, aged about 20 years, found missing from 24.03.2021, the petitioner has given a complaint before the second respondent police. Since no action has been taken by the second respondent police to secure the detenue, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions, would submit that initial investigation reveals that the detenue eloped with the 3rd respondent. They got information that both of https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1389 of 2021 them in Chennai, they are continuing the investigation and taking steps to secure the detenue.

3. Considering the submissions, sine the detenue is found missing more than six months, the second respondent police is directed to proceed with the investigation, secure the detenue as early as possible and produce 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 (WRITS) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk 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 Judicial Magistrate No.I, Kulithalai.

2.The Superintendent of Police, Near to District Collector Office Thanthonimalai Karur District - 639 007.

3.The Inspector of Police, Thogamalai Police Station, Thogamalai, Karur District.

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

H.C.P.(MD) No.1389 of 2021 20.09.2021 PS(CO) SB(28.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2