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Madras High CourtHCP/1031/2017closed

P. Murugan, 46 Yrs, v. Inspector Of Police ,

2017-10-04Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2017

CORAM

THE HON'BLE MR.JUSTICE RAJIV SHAKDHER and THE HON'BLE MR.JUSTCE N.SATHISH KUMAR H.C.P.No.1031 of 2017 P.Murugan ..

Petitioner Vs.

1. State rep.by Inspector of Police Mahalingapuram Police Station Pollachi, Coimbatore District

2. K.Selvakumar .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 1st respondent herein to produce the body of the detenue of the petitioner's daughter, by name M.Saranya, aged about 19 years from the illegal custody of the 2nd respondent before this Court and set her at liberty at once.

For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr. V.M.R.Rajentran No.1 Addl. Public Prosecutor For Respondent : Mr.V.Babu No.2

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.]

1. This is a petition filed seeking production of the detenue, Ms.M.Saranya. The petitioner is the father of the detenue.

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2. Upon notice being issued, respondent No.1 has produced the detenue, Ms.M.Saranya.

3. It appears that the detenue, i.e., M.Saranya, is 19 years of age.

3.1. We have interacted with the detenue. The detenue says that she is, presently, staying with respondent No.2, Mr.K.Selvakumar, with whom she has entered into matrimony. The father of Mr. K.Selvakumar, is also, present in Court. 4.

The petitioner claims that the father of Mr.K.Selvakumar/respondent No.2 is his brother.

The contention is that the marriage between his daughter and nephew is illegal, since, the parties are first cousins.

5. We are not called upon to examine this aspect of the matter in the instant petition.

6. Since, the detenue Ms.M.Saranya is not in illegal custody, no further orders are called for.

7. The petition is, accordingly, disposed of. ga/gg sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR To

1. The Inspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

+1CC to MR.V.BABU Advocate SR.NO.71220 H.C.P.No.1031 of 2017 VD[CO] MK:13/11/2017 https://hcservices.ecourts.gov.in/hcservices/