R.Kalaiselvi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.No.285 of 2022 R.Kalaiselvi W/o.Karthikeyan .. Petitioner Vs.

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

2.The Inspector of Police, Tirupattur Town Police Station, Tirupattur, Tirupattur District.

3.Sivakumar S/o.Viswanathan .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the second respondent to produce the petitioner's daughter Monica, aged 19 years, before this Court from the illegal custody of the third respondent and set her at liberty. For Petitioner :Mr.S.S.Vasudevan for Mr.S.Rama Asokan For Respondents :Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to produce the petitioner's daughter Monica, aged 19 years, before this Court from the illegal custody of the third respondent and set her at liberty.

2. It is the case of the petitioner that her daughter Monica, aged about 19 years, is in the illegal custody of the third respondent and that police are not taking effective steps to secure her.

3. Today, Mr.J.Jayachandran, Sub-Inspector of Police, Tirupattur Town Police Station, is present and he produced the detenue Monica before us.

4. When enquired by us, Monica stated that date of birth is 20.08.2001. She further stated that she is not in the illegal custody of the third respondent and that she got married to him on 20.08.2021 and is living with him since then.

5. Learned counsel for the petitioner submitted that the petitioner wants to meet her daughter Monica. However, when we enquired Monica, she stated that she is not willing to meet the petitioner as she was harassed by the petitioner earlier. Therefore, we cannot force Monica to meet the petitioner. This Habeas Corpus Petition is closed since we are satisfied that Monica is not in the illegal detention of any person for issuance of a writ of habeas corpus. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar gm To 1.The Superintendent of Police, Tirupattur, Tirupattur District.

2.The Inspector of Police, Tirupattur Town Police Station, Tirupattur, Tirupattur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Rama Asokan, Advocate SR.No.11046 H.C.P.No.285 of 2022 GPL(CO) CB(09/03/2022)