B.Girija v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA B.Girija ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Keerathurai Police Station, Keerathurai, Madurai City, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the petitioner's minor daughter namely Keerthana D/o.Balaji, aged about 14 years and produce before this Court and set her at liberty.

For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.A.Thiruvadi Kumar, 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 body or person of the petitioner's minor daughter, namely, Keerthana, aged about 14 years, before this Court and set her at liberty.

2. It is the case of the petitioner that her daughter Keerthana, aged about 14 years, went missing from 19.08.2022 and that the police are not taking effective steps to secure her. Hence, the present habeas corpus petition with the above prayer.

3. Today, Mr.R.Vengatasalapathi, Special Sub-Inspector of Police, B4. Keeraithurai Police Station, Madurai City, is present before this Court.

4. On instructions, learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Keeraithurai Police Station Crime No. 495 of 2022 has been registered on 19.08.2022 for 'girl-missing' and during the course of investigation, it came to light that Keerthana was in love with one Abinandan, aged 18 years, having got acquaintance with each other via Instagram and she eloped with him. He also stated that Abinandan hails from Cuddalore District and therefore, when he took Keerthana to his house, his parents refused to accept the marriage and therefore, they came to Orathanadu and surrendered before the Orathanadu Police Station. When the Orathanadu police informed the petitioner, the couple escaped from there and their whereabouts are not known.

5. In such view of the matter, we direct the Assistant Commissioner of Police, South Gate, Madurai, to supervise the investigation in Keeraithurai Police Station Crime No.495 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Keerthana, aged about 14 years, is secured, she shall be produced before the Judicial Magistrate Court No.IV, Madurai, under intimation to the petitioner and learned Judicial Magistrate shall pass appropriate orders with regard to custody in accordance with law.

6. With the above directions, this habeas corpus petition stands closed. [P.N.P., J.] [R.H., J.] 02.09.2022 Index : Yes / No Internet : Yes / No pkn To:

1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, South Gate, Madurai.

2.The Inspector of Police, Keerathurai Police Station, Keerathurai, Madurai City, Madurai District.

3.The Judicial Magistrate No.IV, Madurai.

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

P.N.PRAKASH , J.

and R.HEMALATHA , J.

pkn 02.09.2022