Madras High CourtHCP(MD)/1351/2022closed

Somaiah v. The Superintendent Of Police

2022-08-18Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1351 of 2022 Somaiah .. Petitioner Vs.

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

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent to produce the person or body of the detenue, the petitioner's daughter namely Elamathi, D/o.Somaiah, aged 26 years, before this Court and set her at liberty. For Petitioner : Mr.N.Saravanan For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his daughter Elamathi, aged 26 years went missing from 24.07.2022 and that police are not taking effective steps to secure her.

2.On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Nagudi Police Station crime No.155/2022 has been registered for 'woman missing' and during the course of investigation, it came to light that Elamathi has eloped with one Sathiyan @ Sekar.

3. In view of the above, it cannot be stated that the detenue is in the illegal custody of the respondent police. We direct the Deputy Superintendent of Police, Aranthangi Sub Division to monitor the investigation that is being conducted by the Inspector of Police in Nagudi Police Station Crime No.155/2022 and keep the petitioner informed of the developments, if any, and as and when Elamathi is secured, she may be

produced before the Judicial Magistrate Aranthangi, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody. Accordingly, this Habeas Corpus Petition is closed. (P.N.P.,J.) (R.H.,J.) 18.08.2022 Internet : Yes RR To 1.The Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.N.PRAKASH,J.

and R.HEMALATHA, J.

RR H.C.P.(MD)No.1351 of 2022 18.08.2022