Madasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Madasamy .. Petitioner Vs.

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

2.The Inspector of Police, Thevarkulam Police Station, Tirunelveli District.

3.Maharajan .. 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 secure and produce the person or body of the detenu namely, Dhanalakshmi,

W/o.Mahendiran, aged about 29 years, before this Court, illegally detained by the third respondent and set her at liberty. For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.A.Thiruvadikumar - R1 & R2 Additional Public Prosecutor

ORDER

[Order of the Court was made by N.ANAND VENKATESH, J.] This Habeas Corpus Petition has been filed by the father of the detenu on the ground that his daughter, aged about 29 years went missing from 19.09.2022 onwards and he has sought for a direction to the respondent Police to produce her body before this Court.

2. The learned Additional Public Prosecutor, on instructions, submitted that the detenu had developed relationship with the third respondent and eloped with him. The daughter of the detenu aged about 5-1/2 years, is now in the custody of the petitioner. The learned Additional Public Prosecutor further submitted that based on the complaint given by

the petitioner, a "woman missing" FIR has been registered in Crime No.179 of 2022 by the second respondent Police and the same is under active investigation.

3. In the considered view of this Court, there is no requirement to keep this Habeas Corpus Petition pending and it will suffice if a direction is given to the respondent police to follow the guidelines issued by this Court in K. Sukumari Vs. The Superintendent of Police, Virudhunagar District, Virudhunagar, reported in 2018(2) - L.W. (Crl) - 636. This Court expects the respondent police to expedite the investigation and find the whereabouts of the detenu as early as possible.

4. This Habeas Corpus Petition is disposed of accordingly. (M.S.R.,J.) (N.A.V.,J.) 14.11.2022 Index : Yes/No Internet : Yes rm

To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Thevarkulam Police Station, Tirunelveli District.

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

M.S.RAMESH,J.

and N.ANAND VENKATESH, J.

rm 14.11.2022