P.Lakshmi Prabha v. The Commissioner 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 P.Lakshmi Prabha ... Petitioner -vs1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, D-3, Koodal Pudur Police Station, Madurai.

... 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 P.Sivaranjani D/o.Periyasami, aged about 19 years and produce before this Court and set her at liberty. For Petitioner :

Mr.R.Aravind Raj 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, P.Sivaranjani daughter of Periyasami, aged about 19 years, before this Court and set her at liberty.

2. It is the case of the petitioner that her daughter Sivaranjani, aged about 19 years, went missing from 07.07.2022 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 Koodal Pudur Police Station Crime No.262 of 2022 has been registered on 08.07.2022 for 'woman-missing' and during the course of investigation, it came to light that, Sivaranjani was in love with one Sivalingam and has eloped with him. She has also sent her photograph with Sivalingam with note saying that she is living happily with Sivalingam to the

petitioner.

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 Assistant Commissioner of Police, Sellur Range, to supervise the investigation in Koodal Pudur Police Station Crime No.262 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Sivaranjani, aged about 19 years, is secured, she shall be produced before the Judicial Magistrate Court No.IV, Madurai, 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 Assistant Commissioner of Police, Sellur Range, Madurai City.

2.The Inspector of Police, D-3, Koodal Pudur Police Station, Madurai.

3.The Judicial Magistrate No.IV, Madurai.

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

04.08.2022