G.Rajasekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.509 of 2020 G.Rajasekar, Male, aged 25 yrs S/o. Mr. Gopi No. 1/695, Troupathi Amman Kail Street Kannikapuram Village Rathanagiri Walajah Taluk Vellore District.

... Petitioner Vs.

1.The Superintendent of Police Office of District Superintendent of Police, Ranipet Taluk, Vellore District.

2. The Inspector of Police Rathanagiri Police Station Rathanagiri Walajah Taluk Vellore District.

3.Muthukumaran, Male, aged 49 years S/o Dhamodaran No.3/24 Pillayar Koil Street Kannikapuram Walajah Taluk Vellore District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the respondents 1 and 2 to secure and produce petitioner's wife Sandhya, aged 19 years before this Court from the illegal custody of the 3rd respondent and set her at liberty. For Petitioner : Mr.D.Thirumoorthy For R1 and R2 : Mrs.M.Prabhavathi, (Additional Public Prosecutor)

For R3 : Mr.A.Suresh Sakthimurugan

O R D E R

(Order of the court was made by N.KIRUBAKARAN,J.) The matter is heard through "Video Conferencing". 2.The petitioner has come before this Court stating that she got married to one Sandhya in an Amman temple on 11.02.2020 and they were leading marital life in Bangalore upto 20.02.2020 as they feared that the 3rd respondent would create problem. Thereafter, the 3rd respondent came down to Bangalore and forcibly took away the petitioner's wife and she has been kept in illegal custody. On that footing, a case has also been filed. 3.When the matter is called today, learned counsel appearing for the 3rd respondent would submit that the 3rd respondent's daughter got married to one P.Gokulakrishnan on 14.02.

2020 and the same was registered before the Sub-Registrar's Office, Walajah and she has been living normal life with the said Gokulakrishnan from 14.02.2020 onwards. Thereafter, this fact is also informed to the learned counsel for the petitioner. As there is no evidence, except the photographs to show that the petitioner got married to the alleged detenue and it has come to light that the girl got married to one Gokulakrishnan and the said marriage was registered on 14.02.2020, it is evident that the girl is not in illegal custody. Therefore, this petition stands dismissed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar kj To 1.The Superintendent of Police Office of District Superintendent of Police, Ranipet Taluk, Vellore District.

2. The Inspector of Police Rathanagiri Police Station Rathanagiri Walajah Taluk Vellore District.

3.The Public Prosecutor High Court, Chennai.

H.C.P.No.509 of 2020 RLD(CO) SP(18/09/2020)