Backiyam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Backiyam ... Petitioner -vs1.The Commissioner of Police, Office of Commissioner of Police, Alagarkovil Street, Madurai City-625 002.

2.The Inspector of Police, Mattuthavani Police Station, Madurai City.

3.Logeshwaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the body or person of the petitioner's daughter namely Rini, wife of Thiyagarajan, aged about 24 years before this Court and set her at liberty.

For Petitioner :Mr.R.Karunanidhi For R1 & R2 :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 Rini, wife of Thiyagarajan, aged about 24 years before this Court and set her at liberty.

2. The case of the petitioner is that her daughter/missing person got married one Thiyagarajan on 28.05.2018. They blessed with one child namely Nandhana Shri on 13.07.2020. The petitioner's daughter and her grandchild were living with her. On 03.07.2024 her daughter was found missing. She searched her daughter in many places, but she could not trace her. She came to know that the third respondent namely Logeshwaran had kidnapped her daughter and whereabouts are not known, therefore, she has given a complaint to the second respondent police station on 03.07.2024. 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 1 & 2 would submit that the daughter of the petitioner aged about 24 years got married to one Thiyagarajan on 28.05.2018. Based on the complaint given by the petitioner and enquiry has been conducted in C.S.R.No.660 of 2024 and the respondents are taking steps to register the FIR and to trace the detenu and as and when they are traced or secured the detenu it will be intimated to the petitioner.

4. In view of the above, we find that the detenu is not an illegal detention of anybody. Therefore, this Habeas Corpus Petition is closed with a direction to the respondents 1 & 2 to continue with the investigation and as and when the detenu is traced or secured, it has to be informed to the petitioner. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 12.07.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Commissioner of Police, Office of Commissioner of Police, Alagarkovil Street, Madurai City-625 002.

2.The Inspector of Police, Mattuthavani Police Station, Madurai City.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 12.07.2024