Madras High CourtHCP(MD)/1465/2021disposed of

Shanthi v. The Superintendent Of Police

2021-10-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.1465 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1465 of 2021 Shanthi ... Petitioner/ Mother of the detenu -vs1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

In Crime No. 1012 of 2021.

3. Viswanathan ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the first and second respondents to produce the body of the petitioner's daughter namely Jeyalakshmi, D/o.Samikannu, aged about 18 years, now detained by the third respondent before this Court and set her at liberty.

For Petitioner :

Mr.K.G.Arunkumar 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 Jeyalakshmi, aged about 18 years, was found missing from 06.09.2021 and suspecting that the third respondent has abducted her, the petitioner has lodged a complaint before the second respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1465 of 2021 learned Additional Public Prosecutor appearing for the State, on instructions would submit that the initial investigation reveals that the detenu has eloped with one Viswanathan belongs to same village and now their whereabouts are not known and they are taking steps to secure the detenu.

3. Considering the facts and circumstances of the case, 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 direction, the Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) akv/ebsi 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 Judicial Magistrate, Aranthangi.

2. The Superintendent of Police, Pudukkottai District, Pudukkottai.

3. The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

H.C.P.(MD) No.1465 of 2021 08.10.2021 RD/UV(02.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2