Perumal v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No. 62 of 2022 Perumal ... Petitioner Vs.

1. The Superintendent of Police, Vellore District, Vellore.

2. The State rep by Inspector of Police, Kalavai Police Station, Ranipet.

3. V.Srinivasan ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 1st respondent and 2nd respondent police to produce the body of the detenue daughter of the petitioner, namely, P.Preetha, aged about 18 years, from the illegal custody of the 3rd respondent, and produce her before this Hon'ble Court and set her at liberty. For petitioner : Mr.R.Deepak For R1 & R2 : Mr.R.Muniyapparaj, Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed to direct the 1st and 2nd respondents police to produce the body of the detenue, daughter of the petitioner, viz., P.Preetha, aged about 18 years, from the illegal custody of the 3rd respondent and produce her before this Court and set her at liberty. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

3. It is the case of the petitioner that his daughter Preetha, aged about 18 years, went missing from 13.11.2021 and that the police are not taking effective steps to secure her.

4. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor submitted that, on a complaint given by the petitioner, a case in Kalavai Police Station Crime No.326 of 2021 has been registered for 'woman missing' and during the course of the investigation it came to light that Preetha was in love with one Srinivasan and has got married to him on 15.11.2021 and the marriage has also been registered in the Office of the Sub-Registrar, Periamet vide Marriage Sl.No.TMR/Periamet/1045/2021.

5. In view of the above, it cannot be stated that Preetha is in the illegal custody of the third respondent for the issuance of a writ of habeas corpus.

Hence, this Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mtl/nsd To

1. The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, Kalavai Police Station, Ranipet.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Deepak, Advocate, S.R.No.4059 H.C.P.No.62 of 2022 PL(CO) SU(10/02/2022) https://hcservices.ecourts.gov.in/hcservices/