S.Sakthivel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 07.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 141 OF 2015 S.Sakthivel .. Petitioner - Vs -

1. The Inspector of Police Vridhachalam Police Station Vridhachalam, Cuddalore Dt.

2. Manivasagam .. Respondents Petition filed for the issuance of a writ of habeas corpus directing the first respondent to produce the petitioner's daughter, S.Sandhiya, aged 17 years, under the illegal custody of the second respondent, before this Court and set her at liberty.

For Petitioner : Mr. G.Anabayachozhan For Respondents : Mr. A.N.Thambidurai, APP for R-1

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed by the petitioner for a direction to the first respondent to produce the petitioner's daughter, S.Sandhiya, aged 17 years, under the illegal custody of the second respondent, 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 first respondent.

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3. It is the case of the petitioner that his daughter, Sandhiya, aged 17 years, went missing in connection with which a case in Crime No.768/2014 has been registered by the respondent police. However, inspite of registration of the case, since no effective steps have been taken by the respondent police to secure the detenue, the present petition has been filed.

4. Today, when the matter is taken up, the respondent police produced the detenue before this Court and the respondent police have also filed a detailed status report.

5. On enquiry by the Court, the detenue stated that her date of birth is 25.5.97 and that she has married the second respondent and expressed her willingness to go with the second respondent. From the above, it is evident that the detenue, as of today, is a major and that she is not under the illegal custody of anyone, much less the second respondent. Learned counsel appearing for the petitioner submitted that the statement made by the detenue may be recorded and the petition may be closed.

6. Accordingly, while recording the statement made by the detenue, Sandhiya, this habeas corpus petition is closed. The detenue is set at liberty so as to enable her to chalk out her own life.

GLN Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Inspector of Police Vridhachalam Police Station Vridhachalam, Cuddalore Dt.

2. The Public Prosecutor High Court, Madras.

SKV/CO KR/23/12 H.C.P. NO.141 OF 2015 https://hcservices.ecourts.gov.in/hcservices/