Rajalakshmi v. The Superintendent Of Police
H.C.P(MD)No.1478 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.(MD) No.1478 of 2021 Rajalakshmi ... Petitioner/ Mother of the detenu -vs1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, All women Police Station, Bodinayakkanur, Theni District.
3.Saran ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, to direct the respondents to produce the detenu or her corpus namely Hemalatha, D/o.Ananthakumar, Female, aged 18 years before this court and set her at liberty forthwith.
For Petitioner :
Mr.A.Uthayakumar For R1 & R2 :
Mr.S.Ravi Additional Public Prosecutor
O R D E R
(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Hemalatha, aged 18 years, found missing on 01.07.2021 and suspecting that the third respondent herein has abducted her, the petitioner has given a complaint before the All Women Police Station Bodinayakkanur, the second respondent herein. Since no action has been taken, the present Habeas Corpus Petition has been filed.
2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that the detenu is a major and on the https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P(MD)No.1478 of 2021 earlier occasion, she eloped with the third respondent and on the Habeas Corpus Petition filed by the petitioner, the detenu was secured and produced before this Court and handed over to the grandmother, now once again, she eloped and her whereabouts are not known and the respondent police are conducting investigation to secure the detenu.
3. Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the detenu and produce before the concerned jurisdictional Magistrate. On such production, the concerned jurisdictional 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 (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/akv 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, Theni District, Theni.
2.The Inspector of Police, All women Police Station, Bodinayakkanur, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.1478 of 2021 04.10.2021 PS(CO) KB(12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2