D.Sasikala v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.Nos.398 and 448 of 2020 H.C.P.No.398 of 2020 D.Sasikala W/o.Damodaran ... Petitioner Vs 1.State represented by its Superintendent of Police, Chengalpattu District.

2.State represented by The Inspector of Police, Guduvancherry Police Station, Chengalpattu District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents to produce the body of petitioner's son viz., D.Venkatesan S/o.Damodaran, Male, aged 21 years,before this Court and set him at liberty.

For Petitioner : Mr.V.Veluchamy For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor H.C.P.No.448 of 2020 E.Natarajan S/o.Erusappan ... Petitioner Vs 1.The State represented by The Inspector of Police, H2 Police Station, Guduvanchery, Chengalpattu.

2.Venkatesh S/o.Dhamodharan 3.Dhamodharan 4.Dhanalakshmi Women Head Constable, District Superintendent of Police Office, Vellore, Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing first respondent to produce the body of the petitioner's daughter viz., Sathiya Priya D/o.Natarajan, aged about 25 years, who is in illegal custody of respondents 2 to 4, before this Court and set her at liberty.

For Petitioner : Mr.S.Sugendran For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor [R1] ***** COMMON ORDER [Order of this Court was made by R.SUBBIAH, J] Petitioner in H.C.P.No.398 of 2020 is the mother of the detenu viz., D.Venkatesan S/o.Damodaran, aged 21 years and has filed the present petition seeking a direction to respondents to produce the detenu before this Court and set him at liberty.

2. Petitioner in H.C.P.No.448 of 2020 is the father of the detenu viz.,Sathiya Priya D/o.Natarajan, aged 25 years and has filed the present petition seeking a direction to respondents to produce the detenue before this Court and set her at liberty.

3. Heard learned counsel for petitioners and learned Additional Public Prosecutor appearing for the State.

4. Learned Additional Public Prosecutor submits that both petitioners have preferred complaints. Petitioner in H.C.P.No.398 of 2020 has withdrawn her complaint and her statement was also recorded.

5. Today, both detenues are produced before this Court. On enquiry, they stated that both of them were in love with each other and married at Mailam temple. They have also produced the receipt given by the temple for their marriage. They have

further stated that they are not under illegal detention. We also enquired the parents of the detenue Sathiya Priya, who are present before this Court. Since there is no illegal detention, nothing survives for further adjudication in the present petitions.

Accordingly, the Habeas Corpus Petitions are closed. -s/d- Assistant Registrar(CS-II) //True Copy// Sub-Assistant Registrar gm To 1.The Superintendent of Police, Chengalpattu District.

2.The Inspector of Police, Guduvancherry Police Station, Chengalpattu District.

3.The Inspector of Police, H2 Police Station, Guduvanchery, Chengalpattu.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S. Sugendran, Advocate in sr.no.16166 of 2020 +1cc to Mr.V.Veluchamy, in sr.no.16161 of 2020 H.C.P.No.398 and 448 of 2020 AK(co) GP(27/05/2020)