Muniraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.THARANI Muniraj ... Petitioner -vs1.The Superintendent of Police, Madurai, Madurai District.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the petitioner's daughter / detenue namely Muthulakshmi, aged about 17 years and produce before this Court and set her at liberty. For Petitioner :

Mr.T.Sivananthan For Respondents :

Mr.T.Senthil Kumar, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the body or person of the petitioner's daughter, namely, Muthulakshmi, aged about 17 years, before this Court and set her at liberty.

2. It is the case of the petitioner that his daughter Muthulakshmi, aged about 17 years, went missing from 29.06.2022 and that the police are not taking effective steps to secure her. Hence, the present habeas corpus petition with the above prayer.

3. On instructions, learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Alanganallur Police Station Crime No. 178 of 2022 has been registered on 30.06.2022 for 'girl missing' and during the course of investigation, it came to light that, Muthulakshmi was in love with one Surya and has eloped with him.

4. In such view of the matter, it cannot be stated that the petitioner's daughter is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

5. Hence, this habeas corpus petition stands closed. However, we direct the Deputy Superintendent of Police, Samayanallur Range, to supervise the investigation in Alanganallur Police Station Crime No.178 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Muthulakshmi, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court, Vadipatti, Madurai District, under intimation to the petitioner and learned Judicial Magistrate shall pass appropriate orders with regard to custody in accordance with law.

[P.N.P., J.] [R.T., J.] 04.08.2022 Index : Yes / No Internet : Yes / No pkn

P.N.PRAKASH , J.

and R.THARANI , J.

pkn To:

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

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

3.The Judicial Magistrate Court, Vadipatti, Madurai.

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

04.08.2022