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HCP.No.390/2018 C.T.SELVAM, J., and N.SATHISH KUMAR, J., [Order of the Court was made by C.T.SELVAM, J.,] Heard learned counsel for the petitioner. 2
Pursuant to the daughter of the petitioner by name Srimathi, aged
about 17 years and 11 months, having gone missing, the petitioner has preferred a complaint with the 1st respondent police, wherein, initially, a CSR was issued on 13.02.2018 and subsequently, a case has been registered in Cr.No.100/2018 on 20.02.2018, informing the girl/daughter of petitioner as missing.
The
petitioner alleged that the girl has gone away with the 2nd respondent, a boy of 19 years. The mother of such boy, has been impleaded as the 3rd respondent. 3
The 1st respondent presently informs that pursuant to the
registration of case in Cr.No.100/2018, 3rd respondent has been arrested and she is now housed at Central Prison for Women, Salem. He also submits that her confession reveals her involvement in the missing of the girl.
The 1st
respondent police specifically submitted that the 3rd respondent / mother of the boy, has so for, not been released on bail. 4
As this Court notes that all too frequently parents and relatives of
boys are without, a second thought, arrayed as accused in cases registered on boys and girls going missing and most commonly owing to love affairs and they immediately are taken into custody. In many a case, this would amount to a social wrong at the hands of the Police Agency, who very raison-de-etre is serving a social cause. http://www.judis.nic.in
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C.T.SELVAM, J., AND N.SATHISH KUMAR, J., AP A copy of this order shall be forwarded to the Director General of
Police of the State towards sensitizing the force against wrongful action in such matters. This Court is not to be understood as informing that in no cases, shall relatives of accused be proceeded against. This Court only wishes to impress upon the need for care and caution before doing so. 6
This Court considers it appropriate and hereby directs the
Superintendent, Central Prison for Women, Salem, to forthwith release the 3rd respondent, viz., Mrs.S.Jayanthi, Wife of [late] Subramani, in the case registered in Cr.No.100/2018 on the file of the Pallipalayam Police Station, Namakkal District, on her own bond for a sum of Rs.5000/- [Rupees Five Thousan only], immediately upon receipt of this order. 7
The 1st respondent is also directed to make out all efforts to trace
the missing girl. 8
Post on 28.03.2018.
[CTSJ] [NSKJ] 15.03.2018
AP Copy to:-[1] The Director General of Police, Mylapore, Chennai-600004.
NOTE:- [1]Issue order copy today. [2] Communicate the above order to the Superintendent, Central Prison for Women, Salem by Fax. HCP.No.390/2018 http://www.judis.nic.in
