Disposed

R.Sethuraman v. the State Rep by the

Madras HC11 Jan 2021HCP/27/2021

Case brief

AI extract

What is this about?

In a habeas corpus petition by a father seeking the release of his 25-year-old daughter who eloped, the Court directed the police to monitor the investigation and secured the detenue's production before the Judicial Magistrate II, Chidambaram for custody orders before closing the petition.

What did the court decide?

Petitioner directed to monitor investigation; detenue to be produced before Judicial Magistrate II, Chidambaram for custody orders; petition closed.

R.Sethuraman Vs the State Rep by the — Constitutional and Fundamental Rights | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 11.01.2021

¶3

Coram

¶4

The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM

¶5

H.C.P. No. 27 of 2021

¶6

R.Sethuraman .. Petitioner/Father of the Detenue

¶7

Vs.

¶8

The State, Rep. By its Superintendent of Police, Cuddalore, Cuddalore District.

¶9

The Inspector of Police, Orathur Police Station, Cuddalore District. 3. Gnanavel .. Respondents

¶10

Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing respondents 1 and 2 to produce the person and body of the petitioner's daughter Kowsalya, D/o.Sethuraman, before this Court and set her at liberty.

¶11

For Petitioner .. Mr.M.Machavatharan For Respondents .. Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 to R3

¶12

ORDER [Order of the Court was made by P.N.PRAKASH, J.]

¶13

Seeking a direction to respondents 1 and 2 to produce the petitioner's daughter - Kowsalya, D/o.Sethuraman, before this Court and to set her at liberty, the present habeas corpus petition has been filed by the father of the detenue.

¶14

It is the case of the petitioner his daughter Kowsalya, aged 25 years has eloped with the third respondent and that the police have not taken effective steps to secure her despite registration of a case in Crime No. 738 of 2020.

¶15

https://hcservices.ecourts.gov.in/hcservices/

¶16

On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that Kowsalya was in love with the third respondent and as they belong to different communities, she has eloped with him on 18.11.2020. He further stated that on the complaint given by the petitioner, a case in Orathur Police Station Crime No. 738 of 2020 for woman missing was registered and the investigation is in progress.

¶17

Recording the same, this Court directs the Deputy Superintendent of Police, Sethiathope Sub-Division, to monitor the investigation in Orathur Police Station Crime No. 738 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she may be produced before the Judicial Magistrate II, Chidambaram under due intimation to the petitioner and the Judicial Magistrate II, Chidambaram, shall pass appropriate orders on the custody of the detenue.

¶18

In view of the above, the habeas corpus petition is
closed.
Sd/-
Assistant Registrar
//True Copy//
nsd/ssm Sub Assistant Registrar
To
1. The Judicial Magistrate II, Chidambaram.
2. The Deputy Superintendent of Police,
Sethiathope Sub Division.
3. The Superintendent of Police,
Cuddalore, Cuddalore District.
4. The Inspector of Police,
Orathur Police Station,
Cuddalore District.
5. The Public Prosecutor,
High Court, Madras.
+1cc to Mr.E.Kannadasan, Advocate in SR.NO..1417

¶19

H.C.P. No. 27 of 2021

¶20

vg ii(CO) rv(09/02/2021)

¶21

https://hcservices.ecourts.gov.in/hcservices/

R.Sethuraman v. the State Rep by the

Case brief

What is this about?

What did the court decide?

R.Sethuraman v. the State Rep by the

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sivasankari Vs the Secretary to the Government

Jayanthi Vs the Secretary to the Government

S.Sathyamoorthi Vs the Secretary to Government

Rajakumari Vs the Superintendent of Police

K. Liyakath Ali Vs Department of Revenue Ch

K.Ilangovan Vs the Inspector of Police