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Madras High CourtHCP/2768/2015closed

M.Sekar v. The Superintendent Of Police

2015-11-19Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 2768 OF 2015 M.Sekar ... Petitioner - Vs -

1. The Superintendent of Police Dharmapuri District Dharmapuri.

2. The Inspector of Police Perumbalai Police Station Pennagaram Taluk Dharmapuri District.

3. The Inspector of Police All Women Police Station Namakkal, Namakkal District.

4. S.Pugalendran ... Respondents Petition filed for the issuance of a writ of habeas corpus directing the respondent police to secure the detenue, P.Gokulapreetha, aged about 19 years, produce her before this Court and set her at liberty.

For Petitioner : Mr. B.Sundarapandiyan For Respondents : Mr. A.N.Thambidurai, Additional Public Prosecutor for RR-1 to 3 Mr. Ganesh Rajan for R-4

ORDER

(DELIVERED BY P.N.PRAKASH, J.) The present petition has been filed for a direction on the respondent police to secure the detenue, Gokulapreetha, aged about 19 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner that he got married to the detenue, Gokulapreetha on 16.9.2015 and that the same has been registered with the Sub Registrar, Mettur/Kolathur and that presently the detenue is in the illegal custody of her parents.

3. Today, when the matter is taken up for hearing, the detenue, Gokulapreetha has been produced by her father, S.Pugalendran, the fourth respondent herein. On enquiry, the detenue stated that she is aged about 19 years and is doing II Year B.Com., in Vivekananda College, Tiruchengode. On further enquiries the detenue stated that the petitioner had enticed her in a so-called fake marriage with the help of members of the noble profession and that she is being threatened and blackmailed continuously by the petitioner with some photographs in his possession. The detenue further stated that she is not willing to meet the petitioner even and that she wants to go with her father, the fourth respondent herein.

4. Learned counsel appearing for the petitioner submitted that the detenue herself has given a complaint with the police against her parents seeking for police protection. When this was put to the detenue, she stated that the complaint was also drafted by an advocate, and that she was forced to sign in the said complaint.

5. Mr.C.Somanrajan, Inspector of Police, Eriyur Circle is present in Court, who has accompanied the detenue and her father. The complaint lodged by the detenue with the police as also the photographs of the detenue that are said to be in the custody of the petitioner shall be looked into by the above Inspector of Police, who shall take necessary steps to retrieve the same and hand over the photographs to the detenue/her father on proper acknowledgement so that the detenue is not blackmailed or harassed by the petitioner. This Court makes it clear that any further report of harassment meted out to the detenue by the petitioner will be viewed very seriously . The detenue is permitted to accompany her father, viz., the fourth respondent herein.

6. With the above observation and direction, this habeas corpus petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar GLN To

1. The Superintendent of Police Dharmapuri District Dharmapuri.

2. The Inspector of Police Perumbalai Police Station Pennagaram Taluk Dharmapuri District.

3. The Inspector of Police All Women Police Station Namakkal, Namakkal District.

4. The Public Prosecutor High Court, Madras.

5. The Inspector of Police Eriyur Police Station Eriyur Taluk, Dharmapuri District.

+1cc to Mr.Ganesh Rajan, Advocate, S.R.No.62799 +1cc to Mr.B.Sundarapandiyan, Advocate, S.R.No.62789 H.C.P. NO. 2768 OF 2015 AR II CA(01/12/2015)