A division bench comprising Justice CT Selvam and Justice N Sathish Kumar passing interim orders on a habeas corpus moved by the father of a girl who had gone missing, said, “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. They are immediately taken into custody. In many a case, this would amount to social wrong at the hands of the police, who very raison d’être, are serving a social cause.” 

As per the case, after Srimathi, (17), went missing, her father Govindaraj lodged a complaint with Pallipalayam police in Namakkal District. He had stated that the girl had left with one S Yuvan Shankar (19). But the police, which initially issued a CSR on February 13, subsequently registered a case on February 20 informing that the petitioner’s daughter was untraceable. 

During the hearing, wherein the boy and his mother S Jayanthi were impleaded as respondents, the police informed the court that pursuant to the registration of the case, the boy’s mother has been arrested and housed at the Central Prison for Women, Salem. It was also stated that her confession revealed her involvement in the girl going missing. She has not been released on bail. 

The bench on observing that the police should detest from making such random arrests and that they ought to be sensitised against wrongful action in such matters, noted, “This court is not to be understood as informing that in no cases, shall relatives of the accused be proceeded against. This Court only wishes to impress upon the need for caution before doing so.” 

Coming to the rescue of the boy’s mother, the bench held, “This court considers it appropriate and hereby directs the Superintendent, of the Salem prison to forthwith release Jayanthi, on her own bond for Rs 5,000 immediately upon receipt of this order.”