Balaji, M/A.44 v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.05.2018

CORAM

THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.361 of 2018 Balaji ... Petitioner Vs 1.Inspector of Police, T-7, Tank Factory Police Station, Chennai.

2.Raghavendran ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to produce Gayathri, D/o.Balaji, aged 19 years before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.S.N.Arunkumar For 1st Respondent : Mr.R.Ravichandran Government Advocate

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present Habeas Corpus Petition is for a direction to direct the respondent to produce Gayathri, D/o.Balaji, aged about 19 years and set her at liberty. 2.The learned counsel appearing on behalf of the writ petitioner states that the daughter of the petitioner Gayathri was found missing from 12.02.2018 onwards. His daughter at that time, was pursuing her B.A. Literature course in Ethiraj College.

3.The allegations set out in the affidavit is that the 2nd respondent one Mr.Raghavendran, met the detenue Gayathri and he https://hcservices.ecourts.gov.in/hcservices/

approached the parents of Gayathri and requested them to arrange for a marriage between Gayathri and himself. The parents refused on account of the fact that the 2nd respondent belong to some other community. On account of these disputes, both the detenue and the 2nd respondent left the home. However, the respondent Police registered a complaint in Crime No.126 of 2018. Further, it is stated by the petitioner that he himself has received a phone call from his daughter Gayathri around 3.30 p.m. stating that she is going to Bangalore and thereafter, disconnected the phone call.

4.Therefore, the possible view is that both the detenue and the 2nd respondent jointly went to Bangalore. However, the 1st respondent Police is bound to continue the investigation in Crime No.126 of 2018 in accordance with law. In view of the fact that there is no suspicion of illegal detention of the detenue, and there is no point in keeping this Habeas Corpus Petition pending. Accordingly, this Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gya To THE INSPECTOR OF POLICE, T-7, TANK FACTORY POLICE STATION, CHENNAI.

2. THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1cc to Mr.S.N.ARUN KUMAR, Advocate, S.R.No. 33220 H.C.P.No.361 of 2018 AK(CO) TR(23/05/2018) https://hcservices.ecourts.gov.in/hcservices/