C.Sundaramurthi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 06.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 1256 OF 2015 C.Sundaramurthi .. Petitioner/father of the detenue - Vs -

1. The Superintendent of Police Coimbatore Coimbatore District 641 018.

2. The Deputy Superintendent of Police, Coimbatore Coimbatore District 641 659.

3. The Inspector of Police Sullur Police Station Coimbatore District.

4. Mathiyazhagan

5. Anbalagan .. Respondents Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of habeas corpus directing the respondents to secure the detenue Sasipriya, aged 21 years, daughter of the petitioner, produce her before this Court and set her at liberty.

For Petitioner : Mr. A.Saranraj For Respondents : Mr. A.N.Thambidurai, APP

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed by the petitioner for a direction to the respondents to secure the detenue Sasipriya, aged 21 years, daughter of the petitioner, produce her before this Court and set her at liberty.

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

3. It is the case of the petitioner that his daughter Sasipriya, aged about 21 years, studying B.E. at P.S.G. Engineering College, Coimbatore, went missing on 3.5.15. It is further averred by the petitioner that due to the love affair, the fourth respondent, with the help of the fifth respondent, has forcibly taken the detenue. In this connection, the petitioner approached the respondent police and made a complaint on 3.5.15, but no action has been taken by the respondent police. Inspite of repeated complaints and representations to the police authorities, no action having been taken to secure the detenue, the present petition has been filed.

4. According to the petitioner himself, the detenue is a major and is studying in PSG Engineering College at Coimbatore. It is further evident from the averments in the petition that there exists a love affair between the detenue and the fourth respondent, viz., Mathiyazhagan and due to the said affair, the detenue has gone with him. Though such an averment is made as a fact, merely the petitioner apprehends that the fourth respondent, with the help of the fifth respondent, has forcibly taken away his daughter. In the above factual background, on the petitioner's own averment, it is clear that there is no case of illegal detention of the detenue by anyone, much less the fourth respondent.

5. In the above circumstances, no case is made out for the issuance of a writ of habeas corpus and, accordingly, this petition is closed.

sd/- Assistant Registrar(Cs-II) /TRUE COPY/ Sub-Assistant Registrar GLN To

1. The Superintendent of Police Coimbatore Coimbatore District 641 018.

2. The Deputy Superintendent of Police, Coimbatore Coimbatore District 641 659.

3. The Inspector of Police Sullur Police Station Coimbatore District.

4. The Public Prosecutor High Court, Madras.

H.C.P. NO. 1256 OF 2015 CO-VGI JD 25/01/2016