Madras High CourtHCP(MD)/1491/2021closed

R. Selvi v. The Superintendent Of Police

2021-10-06Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.1491 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1491 of 2021 R.Selvi ... Petitioner / Mother of detenue -vs1.The Superintendent of Police, District Police Office Tirunelveli District, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Ambasamudram Tirunelveli District.

3. R.Murugan

4. M.Rani

5. Minor M.Rajesh

6. Tamil Selvi 7.Surendar ... 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 person or body of the petitioner's daughter by name Sabitha (21 years) D/o. Ramar before this Court and set her at liberty she is in illegal custody of the respondents 3 to 7.

For Petitioner :

Mr.M.Maran For Respondents :

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 Sabitha, aged about 21 years, found missing from 23.09.2021, the petitioner has filed a complaint before the second respondent police. Since no action has been taken by the 2nd respondent Police to secure the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1491 of 2021 detenue, the present Habeas Corpus Petition has been filed.

2. Mr.S.Ravi, the learned Additional Public Prosecutor appearing for the State, on instructions, would submit that initial investigation reveals that the detenue eloped with the 5th respondent and their whereabouts is not known and they are continuing the investigation.

3. Considering the above submissions, the second respondent police is directed to proceed with the investigation, secure the detenue as early as possible and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk 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, District Police Office Tirunelveli District, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.

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

H.C.P.(MD) No.1491 of 2021 06.10.2021 RD(22.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2