V.Ramachandran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.528 of 2015 V.Ramachandran ..Petitioner Vs 1.The Superintendent of police, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Perambur Police Station, Nagapattinam District.

3.Karthi @ Kartikeyan ..Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the 1st and 2nd respondents to produce the detenu, R.Rajasulochana, D/o V.Ramachandran from the illegal custody of 3rd respondent before this Court and restore the legal custody of the detenu.

For Petitioner :

Mr.A.Vivin For Respondents :

Mr.A.N.Thambidurai, R1 & R2 Additional Public Prosecutor .

O R D E R

The matter was not listed today. Since the Police has secured the alleged detenue, the Registry was directed to put up a special list.

2. The father of the alleged detenue has sought for a Writ of Habeas Corpus to direct the respondents to produce the body of his daughter, R.Rajasulochana, before this Court and set her at liberty.

3. According to the petitioner, his daughter was abducted by the 3rd respondent, a close relative of the petitioner on 17.12.2014. He further submitted that the 3rd respondent is involved in various illegal activities. Therefore, the petitioner has given a complaint on 14.01.2015 to the 2nd respondent police and a case in https://hcservices.ecourts.gov.in/hcservices/

Crime No.13 of 2015 has been registered. According to the petitioner, the detenue is in the illegal custody of 3rd respondent. Since no effective steps were taken by the respondent police to secure the detenue, he was constrained to file this Habeas Corpus Petition.

4. Today, the 2nd respondent police has produced the alleged detenue, R.Rajasulochana. The petitioner as well as his wife is present in Court. When the detenue was enquired, she had stated before us that the 3rd respondent is her own aunt's son and she had love affair with him. She further stated that she got married to him, however, she is willing to go with her parents only along with the 3rd respondent. She further stated that she had left her parents home on her own and she also denied the illegal detention by the 3rd respondent as alleged in the petition. We enquired the parents of the detenue. They were willing to take the detenue and the 3rd respondent.

5. In the light of what is stated by the detenue and her parents, the detenue is permitted to go with her parents as per her wish. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar Dated:13.3.15 True Copy Sub Assistant Registrar To 1.The Superintendent of police, Nagapattinam District, Nagapattinam.

2. The Inspector of Police, Perambur Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Chennai.

br(co) krd 18/3 H.C.P.No.528 of 2015 https://hcservices.ecourts.gov.in/hcservices/