Disposed

Thushyanthini v. the Commissioner of Police

Madras HC25 Jan 2022HCP/87/2022

Case brief

AI extract

What is this about?

In a habeas corpus petition, the petitioner sought her missing daughter's production from a male third respondent. The Court closed the petition but directed police authorities to supervise the investigation, secure the girl, and produce her before a Judicial Magistrate.

What did the court decide?

Directed the Assistant Commissioner of Police to supervise the investigation, secure the detenue, and produce her before the Judicial Magistrate-I, Chengalpattu.

Thushyanthini Vs the Commissioner of… — Constitutional and Fundamental Rights | Madras HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 25.01.2022

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA

H.C.P.NO.87 OF 2022

Thushyanthini

...Petitioner

Vs.

1.The Commissioner of Police, Tambaram, Chennai.

¶10

2.The Inspector of Police, Thazhambur Police Station, Chengalpattu Dist.

¶11

3.Anand, S/o. Durai. ...Respondents

¶12

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1^st and 2^nd respondents to produce the detenue Anolin Jemi, D/o. Arivalagan, aged about 21 years, daughter of the petitioner from the illegal custody of the 3^rd respondent herein before this Hon'ble Court and set her at liberty.

¶13

ORDER

¶14

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

¶15

This habeas corpus petition has been filed seeking to direct the respondents 1 and 2 herein to produce the detenue Anolin Jemi, D/o.Arivalagan, aged about 21 years, daughter of the petitioner, from the illegal custody of the 3^rd respondent herein, before this Hon'ble Court and set her at liberty.

¶16

It is the case of the petitioner that she got her daughter Anolin Jemi, 21 years, married to one Sayanthan on 04.10.2021 and after marriage, Sayanthan left India in connection with his job, but, however, Anolin Jemi was staying

¶17

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

¶18

with the petitioner. It appears that the petitioner found some gold jewels missing from her house. When she questioned her daughter Anolin Jemi, latter stated that she had pledged the jewels and given the money to one Anand (3^rd respondent herein). On 21.12.2021, Anolin Jemi left the petitioner's home and thereafter, her whereabouts are not known.

¶19

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thazhambur Police Station Crime No.936/2021 has been registered on 22.12.2021 for "woman missing" and investigation is in progress.

¶20

Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Kelambakkam, to supervise the investigation in Thazhambur Police Station Crime No.936/2021 and keep the petitioner informed of the developments, if any. As and when the detenue Anolin Jemi, D/o.Arivalagan, aged about 21 years, is secured, she shall be produced before the Judicial Magistrate-I, Chengalpattu, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

¶21

Sd/Assistant Registrar(CS-IV)

¶22

Sub Assistant Registrar

¶23

bga

¶24

¶25

1.The Judicial Magistrate-I, Chengalpattu.

¶26

2.The Assistant Commissioner of Police, Kelambakkam.

¶27

3.The Commissioner of Police, Tambaram, Chennai.

¶28

4.The Inspector of Police, Thazhambur Police Station, Chengalpattu Dist.

¶29

5.The Public Prosecutor, High Court, Madras.

¶30

+2ccs to Mr.S.Arumugam, Advocate Sr.No.4779

H.C.P.No.87 of 2022

RLD(CO)

RVM(27/01/2022)

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

Thushyanthini v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Thushyanthini v. the Commissioner of Police

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

Perumal Vs the Superintendent of Police

Velayutham Vs the State Rep by

Venkatachalam Vs the Superintendent of Police

M.Mageshwari Vs the Commissioner of Police

Mini Vs the Additional Chief Secretary to Government

Sagunthala Vs the State of Tamil Nadu, Rep.by