P.Pandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2022

CORAM

THE HON'BLE MR JUSTICE M.S. RAMESH AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH P.Pandi ... Petitioner /Vs./ The State rep. by 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Nilakottai Police Station, Dindigul District.

... Respondents (Crime No.295 of 2022) PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of the petitioner's daughter namely "KIRUTHIKA" aged about 22 years, D/o.P.PANDI, before this Court and set her at liberty. For Petitioner : Mr.J.Vishnu For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH, J.) This petition has been filed by the father of the detenu for a direction to the respondent police to produce the detenu before this Court.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor, on instructions submitted that based on the complaint given by the petitioner, a woman missing FIR in Crime No.295 of 2022 has been registered by the second respondent. In the course of investigation, it came to light that the detenu, who is aged about 22 years married one Kutty on 28.10.2022 and both of them are now settled at Chennai. He further submitted that the detenu has already informed about this fact to the petitioner.

3. In the considered view of this Court, the detenu is major and it is now brought to our notice that she has already married one Kutty on 28.10.2022. In view of the same, it will suffice if a direction is issued to the second respondent to produce the detenu before the learned Judicial

Magistrate, Nilakottai and the learned Judicial Magistrate, Nilakottai, shall record the statement of the detenu and on that day, the petitioner shall also be put on notice, so that the petitioner can also be present before the Court. Based on the wishes of the detenu, the learned Judicial Magistrate, Nilakottai, shall give further directions and the second respondent shall act upon the same in accordance with law.

4. This Habeas Corpus Petition is disposed of accordingly. (M.S.R.,J.) (N.A.V.,J.) 21.11.2022 Index : Yes/No Internet : Yes Sm TO:

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Nilakottai Police Station, Dindigul District.

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

M.S. RAMESH, J.

and N. ANAND VENKATESH, J.

Sm Order made in Dated 21.11.2022