1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.999 of 2011 R.Arumugam : Petitioner Vs. 1.The Superintendent of Police, Trichy. 2.The Inspector of Police, Thuvakudi Police Station, Trichy District. 3.Veeramani 4.Krishnasamy 5.Veerammal 6.Gomathi 7.Valli 8.Selvi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to direct the respondents 1 and 2 to produce the body and person of petitioner's minor daughter named A.Ramani, Female aged 17 years, D/o.R.Arumugam, the detenue herein, before this Court and entrust her custody with the petitioner. For Petitioner : Mr.N.Sankar Ganesh For Respondents 1 & 2 : Mr.A.Ramar Additional Public Prosecutor For Respondent 3 : No appearance For Respondents 4 to 8 : T.Senthil Kumar O R D E R [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the father of one Ms.A.Ramani, aged 17 years. She was studying in Government Higher Secondary School at Theneripatti, Trichy District in 12th standard. From 03.10.2011 onwards, she has been found missing. In this regard, the petitioner has preferred a complaint to the second respondent, upon which, a case has been registered in Crime No.289 of 2011 under Section 366 IPC. Since the girl was not secured by the police, the petitioner has come up with the present Habeas Corpus Petition seeking a direction to the respondents 1 and 2 to secure her and to hand over the custody of the petitioner. 2. The second respondent has filed a status report, wherein, he has stated that during the investigation of the case in Crime No.289 of 2011, accused 2 and 3, who are the respondents 4 and 5 herein, were arrested and later on, they were released on bail by the learned Judicial Magistrate, No.VI, Trichy. It has been further stated that the accused 6 https://hcservices.ecourts.gov.in/hcservices/ 2 to 8, who are the other respondents herein, got anticipatory bail from the learned Principal Sessions Judge, Trichy on 20.10.2011. However, the first accused Veeramani, who is the third respondent herein and the victim girl could not be secured so far. It has been further stated that all effective steps are being taken to find them out and to secure them. 3. The learned counsel for the respondents 4 to 8 would submit that they have got no knowledge about either the third respondent or the victim girl Ramani and they themselves are searching for the third respondent. He would further submit that there was a long standing love affair between the victim girl and the third respondent. He would further submit that they have got information that since the petitioner made arrangement to give the detenue in marriage to some one else, the detenue had eloped with the third respondent and married him elsewhere. He would further submit that they are living as husband and wife. But their whereabouts are not known to the respondents 4 to 8. The said statement is recorded. 4. A perusal of the records would go to show that the date of birth of the detenue is 16.04.1994 and thus she is at the verge of minority. From the materials available on record, it could also be further gathered that there was a love affair between the detenue and the third respondent and a case has been registered and the investigation is taken in the right direction. From the status report, we are satisfied that all necessary steps are being taken by the respondents to secure the presence of the detenue. 5. In such view of the matter, we are of the view that since there is no illegal detention, no further orders are required in this matter. Instead, we deem it appropriate to issue a direction to the second respondent to expedite the investigation, with a further direction to the first respondent Superintendent of Police, to closely monitor the said investigation so as to secure the victim girl as early as possible. With the above direction, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (T&P) / True Copy / Sub Assistant Registrar To 1.The Superintendent of Police, Trichy. 2.The Inspector of Police, Thuvakudi Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.N.SANKARGANESH, ADVOCATE SR : 42824 RR SR : 22.12.2011 : 2p/5c ORDER MADE IN HABEAS CORPUS PETITION(MD).No.999 of 2011 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/