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Madras High CourtHCP(MD)/2000/2021closed

T.Subbaiah v. The Superintendent Of Police

2022-01-10Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

H.C.P.(MD)No.2000 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD)No.2000 of 2021 T.Subbaiah ... Petitioner / Father of the Detenue Vs.

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

2.The Inspector of Police, Othakadai Police Station, Madurai District.

... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the person or body of the detenue, by name, Swetha, D/o.Subbaiah, Female, aged about 17 years minor child and produce her before this Court and set her at liberty.

For Petitioner : Mr.A.Vadivel For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The father of the minor girl has filed this Habeas Corpus Petition alleging that his daughter, aged about 17 years studying in college found missing since 18.12.2021.

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H.C.P.(MD)No.2000 of 2021

2. After notice, the learned Additional Public Prosecutor today produced the minor girl through video conference and stated that the girl eloped with one Kali Arasu and was staying at Chennai. Subsequent to the registration of the 'girl missing' complaint given by the petitioner, she was secured on 06.01.2022 from a rented house. However, the boy absconded and a case has been registered against the absconding accused Kali Arasu. The girl has already been subjected to medical test and request for recording her statement under Section 164 Cr.P.C., is pending before the Judicial Magistrate. The Child Welfare Board has handed over the custody of the girl to the parents after due acknowledgement.

3. Recording the same, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) PJL 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, The office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

H.C.P.(MD)No.2000 of 2021 10.01.2022 RD(25.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2