Natarajan v. The Superintendent Of Police

H.C.P.(MD) No.1549 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.1549 of 2021 Natarajan ... Petitioner/Father of detenu -vs1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

3.Prathapsingh ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the first and second respondents to secure the detenu Madhumitha, D/o.Natarajan, aged about 17 years from the illegally custody of the third respondent and produce her before this Court and hand over the custody of her to the petitioner.

For Petitioner : Mr.T.Lenin Kumar 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 Madhumitha, aged about 17 years, is found missing from 26.06.2021 and suspecting that the third respondent herein has kidnapped the detenu, the petitioner has made 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.

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 this is the second occurrence, earlier in the month of June, the detenu had eloped with the third respondent and on the basis complaint given by the petitioner, she was secured and handed over to the petitioner, now once again, she https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1549 of 2021 left the house and eloped with the third respondent and the second respondent police is taking steps to secure the detenu. 3.Considering the above circumstances, the second respondent police is directed to proceed with the investigation and take steps to secure the detenu as early as possible and in the event of securing the detenu, the second respondent police is directed to produce the detenu before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the minor detenu, in accordance with law.

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

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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, Trichy District, Trichy.

2.The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

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

H.C.P.(MD) No.1549 of 2021 27.10.2021 PS(CO) RS/UV (10.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2