Vetrivel v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2016 Coram:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN H.C.P.No.2514 of 2015 Vetrivel .. Petitioner vs.

1. The Superintendent of Police,

2. The Inspector of Police, E.3, Minjur Police Station,

3. Bharath @ Nagarajan .. Respondents Petition filed for the issuance of a writ of Habeas Corpus, directing the 2nd respondent to produce the body of the petitioner's minor daughter Miss.V.Ramya, aged 17 years, from the illegal custody of the 3rd respondent before this Court and set her at liberty.

For Petitioner : Mr.A.D.Jagadish Chandira For Respondents : Mr.V.M.R.Rajentren, 1 and 2 Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.NAGAMUTHU, J.) This Habeas Corpus Petition was not originally listed before this Court today. On the mention made by the learned Additional Public Prosecutor, this Court issued a direction to the Registry to list the matter during the post-lunch session by way of a Special List. But, till 4.30 p.m., the list was not ready. This Court has been informed that the original papers relating to the said Habeas Corpus Petition have been misplaced. Therefore, we direct the Registry to trace out the Habeas Corpus Petition papers in two days and if the same could not be traced

out, the Registry shall reconstruct the papers. Pending the said process, we dispose of the petition with the available copies of the petition and the other documents produced by the counsel. 2.

This Habeas Corpus Petition has been filed by one Mr.Vetrivel, who is the father of the detenue, namely, V.Ramya, whose date of birth is 28.10.1997.

3.

According to the petitioner, the 3rd respondent has abducted Ramya.

4.

Today, when the matter is taken up, the 2nd respondent has produced the detenue before this Court.

5.

The detenue Ramya told the Court that she went on her own volition out of the parental home and married the 3rd respondent on 30.10.2015. The Marriage Certificate issued by the District Registrar, Chennai North, has been produced. She would further submit that after the marriage, she appeared along with the 3rd respondent before the Minjur Police Station seeking protection. She would also submit that she was thereafter produced before the appropriate court from where she was set at liberty.

6.

We perused the Case Diary which reveals that on 31.01.2015 itself, the detenue appeared before the Inspector of Police, Minjur Police Station stating about the marriage and her willingness to live with her husband. Going by these facts, we are of the view that there is no illegal detention. The detenue is also a major. Therefore, no direction as sought for by the petitioner could be given.

7.

In the result, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar tsi To:

1. The Superintendent of Police,

2. The Inspector of Police, E.3, Minjur Police Station,

3. The Public Prosecutor, High Court, Chennai.

H.C.P.No.2514 of 2015 ug co kra 02.06.2016