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Madras High CourtHCP/418/2018disposed of

Hebron, Aged 25 Years, v. State By

2018-04-03Honourable Mrs Justice R. Hemalatha,Honourable Mr Justice M. Venugopal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.04.2018 Coram THE HON'BLE MR.JUSTICE M.VENUGOPAL & THE HON'BLE MRS.JUSTICE R.HEMALATHA H.C.P.No.418 of 2018 Hebron ... Petitioner Vs.

State by:

1.The Commissioner of Police, The Commissioner Office, Veparey, Chennai - 7.

2.The Assistant Commissioner of Police, Villivakkam, Chennai - 49.

3.The Inspector of Police (V.6) Kolathur Police Station, Chennai - 99.

4.The Inspector of Police (K.5) Peravallur Police Station Chennai - 82.

5.Arul Baskar 6.Prathip 7.Sinthiya .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 3rd respondent to produce the detenue my wife Annie Mercy, aged 25 years old from illegal custody of the 5th respondent and produce her before this Court and set her liberty and pass such further or others orders.

For Petitioner : Mr.C.Chokkalingam For Respondents : Mr.R.Ravichandran, Addl. Public Prosecutor for R1 to R4

O R D E R

(Order of the Court was made by M.VENUGOPAL, J.) Heard the Learned Counsel for the Petitioner and the Learned Additional Public Prosecutor appearing for Respondents 1 to 4.

2. Today, the third respondent/Inspector of Police, (V.6), Kolathur Police Station, Chennai 99, has produced Annie Mercy, aged about 25 years from the custody of her father viz., the 5th respondent.

3. This Court has made an enquiry with the 5th Respondent's daughter viz., Annie Mercy, who apprises this Court that she is a Post-Graduate in M.Sc. Geo Informatics and she had completed her course in the year 2017 and she is presently working as a Project Associate in Anna University, getting the monthly income of Rs.15,000/- (Rupees Fifteen Thousand only). Although the Petitioner claims that he got married to Annie Mercy on 03.11.2016, at Anthoniar Church, Parries, Chennai etc., the said factum of marriage is denied by Annie Mercy. According to her, she loved the petitioner from the year 2012 and because of the beating her father by the petitioner on 11.02.2018 in A.C.A. Church, Periyar Nagar, Chennai and also scolded him, she has broken her love affair with the petitioner.

4. That apart, according to her, her father viz., the 5th respondent is working as Electrical Fitter in the Railway Local Works and he has got still four years of service prior to his retirement.

5. Considering the fact that the detenue Annie Mercy, aged about 25 years, is a major and she is now presently residing with her father viz., 5th respondent at Door No.31/52A, 31st Street, M.A.B.O.C.Street, G.K.M.Colony, Chennai-82 and she is willing to go along with her father, this Court disposes of the present Habeas Corpus Petition, as nothing survives for further adjudication.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar vsm

To

1. The Commissioner of Police, The Commissioner Office, Veparey, Chennai - 7.

2. The Assistant Commissioner of Police, Villivakkam, Chennai - 49.

3. The Inspector of Police (V.6) Kolathur Police Station, Chennai - 99.

4. The Inspector of Police (K.5) Peravallur Police Station Chennai - 82.

5. The Public Prosecutor, Madras High Court, Chennai.

H.C.P.No.418 of 2018 SSI(CO) SP(19/04/2018)