Meenakshi v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Meenakshi ... Petitioner/Mother of the Detenue Vs.

1.State rep. by The Commissioner of Police, O/o. the Commissioner of Police, K.Pudur, 2.The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram, 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 body or person of the petitioner's minor daughter namely, K.Esakkiyammal @ Devi, aged about 16 years before this Court and hand over the custody to the petitioner.

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

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks issuance of Writ of Habeas Corpus for production of her minor daughter K.Esakkiyammal @ Devi, who is aged about 16 years.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 1/3

3.The petitioner in her affidavit had averred that she had been missing from 20.12.2021. Claiming inaction on the part of the respondent police, the petitioner has approached this Court.

4. Upon instructions, learned Additional Public Prosecutor would state that the alleged detenu has got acquaintance with one Rohit Selva, through share-chat and had eloped with him and she is at present staying in Raigot, a Hill Station in Maharashtra, which is said to be 500 Kms. away from Mumbai. It is also stated that she has been talking over phone using internet calls to the petitioner and her sister.

5. Mr.S.M.A.Jinnah, learned counsel appearing for the petitioner would also acknowledge that her daughter had spoken to the petitioner.

6.Therefore, this Habeas Corpus Petition is closed, with a direction to the respondent Police to secure the minor girl and produce her before the concerned Jurisdictional Magistrate, for appropriate further proceedings. The Assistant Commissioner of Police, Thirupparankundram, is directed to monitor the investigation in this case and secure the minor girl within a period of two months from today.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 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:

The Commissioner of Police, O/o. the Commissioner of Police, K.Pudur, 2/3

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Copy to The Assistant Commissioner of Police, Thiruparankundram, 09.02.2022 SB(CO) TR(18.02.2022) 3P 5C 3/3