Madras High CourtHCP(MD)/1467/2021dismissed

Vindhuja Padmanaba Pillai v. The Superintendent Of Police

2021-10-04Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice R. Pongiappan2 pages

H.C.P(MD)No.1467 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.1467 of 2021 Vindhuja Padmanaba Pillai ... Petitioner/ Mother of the detenu -vs1.The Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Manavalakurichi Police Station, Kanniyakumari District.

3.Aashik ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenu viz,. Petitioner's daughter namely shajiji, D/o.Murugan, aged about 19 years and set her at liberty.

For Petitioner :

Mr.D.Venkatesh 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 shajiji, aged about 19 years, found missing from 03.09.2021 and suspecting that the third respondent has abducted the detenu, the petitioner has lodged a complaint before the second respondent police. Since no action has been taken by the second respondent police to secure the detenu, 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 initial investigation reveals https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1467 of 2021 that the detenu eloped with the third respondent and their whereabouts are not known and the second 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, Kanniyakumari District.

2.The Inspector of Police, Manavalakurichi Police Station, Kanniyakumari District.

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

H.C.P.(MD) No.1467 of 2021 04.10.2021 MGJ(20.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2