Madras High CourtHCP(MD)/775/2019disposed of

Rajendran v. The Superintendent Of Police

2019-08-16Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.775 of 2019 Rajendran ... Petitioner Vs.

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

2.The Inspector of Police, SIPCOT Police Station, Manamadurai, Sivagangai District.

3.Ayyappan ... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the 1st and 2nd respondents herein to produce the body or person of the daughter / detenue, Petitioner's daughter namely Anitha, aged about 20 years who is under the illegal custody of the 3rd respondent and set her at liberty before this Hon'ble Court.

For Petitioner : Mr.A.Anandan For Respondents 1 and 2 : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner is the father of the detenue viz., Anitha, aged about 20 years [D.O.B. 15.07.1999] and alleging her illegal detention at the hands of the third respondent, came forward to file this Habeas Corpus Petition.

2.Heard the submissions of the learned counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents, who on instructions would submit that based on the complaint given by the second respondent a case in Crime No.89 of 2019 has been registered for women missing and the investigation is on.

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3.A perusal of the F.I.R. would disclose that it is a case of elopement. However, taking into account the anxiety exhibited by the father of the detenue as to the safety, wellbeing and whereabouts of his daughter, this Court directs the second respondent to conduct proper, effective and speedy investigation and as and when the the detenue is traced, she shall be produced before the Court of Judicial Magistrate, Manamadurai and before doing so, the second respondent shall inform the same to the petitioner. The Deputy Superintendent of Police, Manamadurai shall monitor the investigation and give necessary instructions to the second respondent for conducting quality investigation. 4.This Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, SIPCOT Police Station, Manamadurai, Sivagangai District.

4. The Judicial Magistrate, Manamadurai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.A.ANANDAN, Advocate ( SR-82226[F] dated 19/08/2019 ) H.C.P(MD)No.775 of 2019 16.08.2019 sj MK (27.08.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/