Mani @ Manimegalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA Mani @ Manimegalai ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Appanthiruppathi Police Station, Madurai.

3.Karthick ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of the detenue by name Ananthi @ Dhanabackiam, D/o.Mani, Female, aged about 17 years, before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.S.Ravi, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking to direct the respondents to produce the petitioner's daughter namely, Ananthi @ Dhanabackiam, aged about 17 years, before this Court and hand over the custody to the petitioner.

2. The case of the petitioner is that his daughter namely, Ananthi @ Dhanabackiam, aged about 17 years (D.O.B.- 29.04.2005)

went missing from 15.08.2022 and that the police are not taking effective steps to secure her. Hence, the petitioner has filed the present Habeas Corpus Petition with the above prayer.

3. On instructions, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents submitted that on the complaint given by the petitioner, a case in Appanthirupathi Police Station Crime No.118 of 2022 has been registered on 17.08.2022 for 'girl missing' and during the course of investigation, it came to light that Ananthi @ Dhanabackiam, was in love with the third respondent and eloped with him.

4. In such view of the matter, it cannot be stated that Ananthi @ Dhanabackiam, is in the illegal custody of the respondents herein for the issuance of a Writ of Habeas Corpus. However, we direct the Deputy Superintendent of Police, Oomachikulam Sub Division, to supervise the investigation in Appanthirupathi Police Station Crime No.118 of 2022 and keep the petitioner informed of the developments, if any. As and when the

petitioner's daughter, namely, Ananthi @ Dhanabackiam, is secured, she shall be produced before the Judicial Magistrate Court No.V, Madurai, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody, in accordance with law.

5. Hence, this habeas corpus petition stands closed. [P.N.P., J.] [R.H., J.] 01.09.2022 Index : Yes / No Internet : Yes / No rm

Copy to

1. The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

2. The Judicial Magistrate Court No.V, Madurai.

3.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

4.The Inspector of Police, Appanthiruppathi Police Station, Madurai.

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

P.N.PRAKASH , J.

and R.HEMALATHA, J.

rm 01.09.2022