1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE M.JAICHANDREN and THE HONOURABLE Mr.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION (MD) No.600 of 2011 R.Baskaran ... Petitioner Vs. 1.The Superintendent of Police, Pudukkottai. 2.The Inspector of Police, Kandharvakottai Police Station, Pudukkottai District. 3.The Sub-Inspector of Police, Adanakkottai Police Station, Pudukkottai District. 4.Magasipatti @ Pazhaniyandi, S/o.Kamarasu. ... Respondents Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, directing the respondents 1 and 2 to produce the detenue by name Bharkavi, aged about 17years, daughter of Baskaran, who is now under the illegal custody of the respondent No.4, before this Court and hand over her custody to the petitioner. For Petitioner ... Mr.M.Rajarajan For Respondents ... Mr.A.Ramar, 1 to 3 Addl.Public prosecutor ORDER (Order of the Court was made by S.NAGAMUTHU,J) The petitioner's daughter is one Bharkavi, who is aged about 17 years. She was studying in a local school in 12th standard. On 25.03.2011, Bharkavi (the detenue) had gone to the school, as usual. But, she did not return thereafter. In this regard, the petitioner preferred a complaint to the Police, which was initially registered as Petition No.81/2011 and the same was under investigation. Thereafter, a case has been registered in Crime No.61/2011 and the same is under investigation. Since the girl has not been secured by the Police, the petitioner has come up with this habeas corpus petition seeking a direction to the respondent police to secure her https://hcservices.ecourts.gov.in/hcservices/ 2 and to produce her before this Court, so as to hand-over her to the custody of the petitioner. 2. The 2nd respondent has filed a Status Report, dated 18.11.2011, wherein he has narrated various steps taken by him, during the course of investigation, to secure the girl. There are two other cases pending between the parties in Crime Nos.36/2011 and 51/2011. During investigation, according to the Status Report, it has come to light that the 4th respondent and the detenue are relatives. They had love affair and now they have eloped. All efforts are taken to find out their location. 3. We have also perused the case diary, wherein we are able to see the statements recorded from various witnesses, including the father of the 4th respondent. As a matter of fact, the father of the 4th respondent has approached this Court with a petition in Crl.O.P. (MD)No.4753 of 2011 seeking a direction to the police not to harass him under the guise of investigation. During investigation, the father of the 4th respondent has stated about the love affair and the possibility of elopement of the 4th respondent with the detenue. 4. From the above materials, we are satisfied that absolutely there is no material, as of now, to show that there is illegal detention of the detenue. It appears to be a case of elopement. Further, investigation is taken in the right direction. In these circumstances, we are of the view that the habeas corpus petition deserves only to be closed, however, with a direction to the police to expedite the investigation. 5. Accordingly, the habeas corpus petition is closed, however, with a direction to the 2nd respondent, the Inspector of Police, to expedite the investigation. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To: 1. The Superintendent of Police, Pudukkottai. 2. The Inspector of Police, Kandharvakottai Police Station,Pudukkottai District. 3. The Sub-Inspector of Police, Adanakkottai Police Station, Pudukkottai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.M.Rajarajan, Advocate (SR.No.41987) Order in HCP(MD)No.600 of 2011 gb/NSV/9.12.11/2P/6C Dated: 28.11.2011 https://hcservices.ecourts.gov.in/hcservices/