Madras High Court
Appu Kuttan vs The Inspector Of Police (Law & Order) on 11 January, 2016
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2016 CORAM: THE HON'BLE MR. JUSTICE R.SUDHAKAR AND THE HON'BLE MR. JUSTICE P.N. PRAKASH ` H.C.P.No.3040 of 2015 Appu Kuttan Petitioner vs. 1.The Inspector of Police (Law & Order) H1 Washermenpet Police Station Chennai 600 021. 2.K.C.Jayan Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 1st respondent to secure the detenue Sushamma aged 23 years from the custody of 2nd respondent, produce the detenue before this Court and set her at liberty. For Petitioner Mr.H.Mohamed Ghouse For R1 Mr.A.N.Thambidurai Additional Public Prosecutor ORDER
(Order of the Court was made by P.N.PRAKASH, J.) This petition has been filed seeking a direction to the 1st respondent to secure the detenue Sushamma aged 23 years from the custody of 2nd respondent, produce her before this Court and set her at liberty.
2. It is the case of the petitioner that his daughter Sushamma, aged about 23 years went missing, in connection with which a case in Cr.No.153 of 2015 for "woman missing"has been registered by the respondent police. Since the police are not taking effective steps to secure the detenue, the present Habeas Corpus Petition has been filed.
3. Today, the respondent police have filed a Status Report, wherein it is stated as follows:
"5. I submit that, I collected the call details of the missing woman - Susamma and the 2nd respondent's mobile Nos.8015556371 & 8427343605 respectively from the Mobile Service Providers telephone authorities. The detenue's mobile number got switched off. The 2nd respondent's mobile number tower location shows that "Punjab". Further I contacted the said mobile number, the same was picked by the detenue and the detenue informed that she is major and the detenue would like to live with the 2nd respondent only.
6. I submit that, so far the investigation reveals that
(i) the 2nd respondent working as "Head Constable" in Border Security Force", Punjab and he came for vacation to his residence for one month.
(ii) During the said period, the 2nd respondent given two wheeler riding training in the street to the detenue often and the same was watched by the neighbours.
(iii) the complainant and his family members came to know that the detenue and the 2nd respondent had love affair with each other through neighbours and also the 2nd respondent was already got married, while so, on 16.10.2015, the detenue's parents met the 2nd respondent and asked him to go out;
(iv) On 17.10.2015, the complainant came to know through his wife, that the detenue informed over phone that she went along with 2nd respondent in order to lead her family life with him and also not trace them.
7. I submit that on 27.12.2015, I called the parents of the detenue and asked them to contact the detenue over mobile phone and myself also contacted over phone, but no response. Meanwhile, within a short span of time, the detenu contact my mobile No.94981 33087 and informed that the detenue and the 2nd respondent had love affair and also married the 2nd respondent and lead her family life with the 2nd respondent happily at Punjab. The detenue's parents did not allow her to live with 2nd respondent and given untolerable torture to her, whileso, the detenue was not willing to speak with her parents. Further the detenue informed that she will send the above fact by way of letter and send the same through courier. Accordingly I have received letter dated 28.12.2015 along with Doctor Certificate and detenue's photo by courier on 05.01.2016."
From the Status Report, we find that there is no illegal detention of the said detenue, who is a major aged about 23 years warranting issuance of Writ of Habeas Corpus. Accordingly, this Habeas Corpus Petition is closed.
(R.S.,J.) (P.N.P.,J.)
11.01.2016
gms
To
1.The Inspector of Police (Law & Order)
H1 Washermenpet Police Station
Chennai 600 021.
2.The Public Prosecutor
High Court of Madras, Chennai.
R.SUDHAKAR, J.
and
P.N. PRAKASH, J.
gms
H.C.P.No.3040 of 2015
11.01.2016