1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.100 of 2011 S.Rajendran .. Petitioner vs. 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Inspector of Police, Sakkottai Police Station, Sakkottai, Sivagangai District. 3.Marimuthu .. Respondents 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 body and person of the petitioner's daughter namely Sudha,(aged 17 years), the detenue in the present case before this Court and to hand over her custody to the petitioner. For petitioner : Mr.T.Kumar For respondents 1&2: Mr.C.Ramesh, Addl.Public Prosecutor For R-3 : No appearance ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA , J) The petitioner is the father of the detenue, viz., Sudha. In the affidavit filed in support of the petition, it is stated that his daughter, who is 17 years old, was found missing and it is further stated that the third respondent would have kidnapped the detenue and though he lodged a complaint before the second respondent police on 13.1.2011, there was no proper response and hence, he filed the present Habeas Corpus Petition. 2. When the matter came up today, learned Additional Public Prosecutor filed a Status Report in which it is stated that two special teams were formed and they have taken enough efforts to trace out the detenue but in vain. Paragraph No.7 of the Status Report https://hcservices.ecourts.gov.in/hcservices/ 2 reads as follows:- "7. I submit that sincere possible efforts has been taken to trace out the victim girl, two Special Party has been formed and visited nearly 15 villages and enquired nearby 100 village people also. We are arranging secret information to secure the victim girl and Marimuthu has kidnapped Sudha but all efforts are vain. I humble submit that I will trace the victim girl and secure the accused at the earliest possible time." 3. From the above extract, it is clear that the police have taken enough efforts to trace out the detenue and the third respondent but in vain. However, learned Additional Public Prosecutor has submitted that still the police are taking efforts to trace them and as and when the detenue is secured, she will be handed over to the petitioner. 4. In view of the above facts and circumstances, we are of the view that recording the statement of the learned Additional Public Prosecutor, the Habeas Corpus Petition can be disposed of, by directing the respondent police to trace out the detenue and hand over her to the petitioner as and when secured. Accordingly, the Habeas Corpus Petition is disposed of. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Inspector of Police, Sakkottai Police Station, Sakkottai, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.100 of 2011 18.8.2011 asvm SMA/7.9.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/