S.Munusamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.12.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2140 of 2017 S.Munusamy

...Petitioner

Vs.

1.The Superintendent of Police Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Pennagaram Police Sub-Division.

Pennagaram, Dharmapuri District.

3.The Inspector of Police Pennagaram Police Station, Pennagaram, Dharmapuri District.

4.Mrs.Vijayalakshmi 5.The Superintendent of Police Erode District Erode District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 and 5 herein to produce the body and person of the detenu by name Mrs.Manju Parkavi, aged about 23 years and who has been illegally detained by the 4th respondent herein, before this Court and set her at liberty.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.V.M.R.Rajentran, Additional Public Prosecutor for R1 to R3 Mr.A.Gokula Krishnan for R4

ORDER

(Order of the Court was made by RAJIV SHAKDHER, J)

1. The detenue/Ms.Manju Parkavi, has been produced.

2. The petitioner is the husband of the detenue/Ms.Manju Parkavi.

3. We have interacted with the mother of the detenue/Ms.Panju Parkavi, i.e., respondent No.4 as well as the detenue/Ms.Panju Parkavi.

4. The detenue/Manju Parkavi says that, she has married the petitioner and she would want to remain in his company.

5. The detenue/Ms.Manju Parkavi, is 23 years of age.

6. The petitioner, we are told, is, approximately, 30 years of age.

7. Since the detenue/Ms.Manju Parkavi is a major, according to us, she is free to take decisions concerning her own life.

8. Thus, the detenue/Ms.Manju Parkavi, is free to accompany the petitioner, if she so chooses.

9. This petition is, accordingly, closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsm To 1.The Superintendent of Police Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Pennagaram Police Sub-Division.

Pennagaram, Dharmapuri District.

3.The Inspector of Police Pennagaram Police Station, Pennagaram, Dharmapuri District.

4.The Superintendent of Police Erode District Erode District.

5.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.91054 H.C.P.No.2140 of 2017 KK(CO) RRK(22/01/2018)