Gurumoorthy v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Gurumoorthy ..
Petitioner Vs.
1. The Superintendent of Police Thiruvallur, Thiruvallur District
2. The Deputy Superintendent of Police Thiruthani Range Thiruvallur District
3. State by The Inspector of Police D1, Thiruthani Police Station Thiruvallur District
4. Sathish @ Ranjith ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the third respondent herein to produce the petitioner's daughter xxx, daughter of Gurumoorthy, aged about 15 years before this Court and hand over the custody of the minor child to the petitioner herein.
For Petitioner :
Mr.M.R.Elavarasan Page Nos.1/7
For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing of the captioned matter on 15.03.2023 and a scanned reproduction of the same is as follows: Page Nos.2/7
2.As the aforementioned proceedings are now to be read as an integral part and parcel of this order, the short forms, abbreviations and other masked references used in the previous proceedings will continue to be used in the instant order also.
3. Today, the matter was taken up on being mentioned by learned Prosecutor who submitted that the absentee has since been located and she is before Court. Learned Prosecutor submitted that he has also informed the learned counsel for petitioner but the petitioner counsel is not before us. Page Nos.3/7
4. However, petitioner Gurumoorthy and his spouse Sujatha are before this Court. The absentee is also before this Court. Aadhar card of the petitioner is as follows:
Page Nos.4/7
5. On instructions, learned Prosecutor submitted that the absentee was located in her paternal aunt's house in Pattabiram and she appears to have gone away to her paternal aunt's house because of peer pressure qua public examination (X Standard). It was submitted by learned Prosecutor on instructions that the fourth respondent has no role in the absentee going away to her aunt's house and he has not played any role. It is submitted by learned Prosecutor that it is not a case of illegal detention or illegal custody much less illegal detention by fourth respondent. This submission is recorded. To be noted, this submission is recorded as we are informed that it is a product of the investigation pursuant to the police complaint dated 24.02.2023 taken on file as Crime No.232 of 2023 on the file of third respondent police.
6. Today this Bench had interaction with the petitioner and the absentee one after the other. Both the petitioner and the absentee submitted that absentee left her parental house solely owing to peer pressure of examination (X Standard) and it was also stated by the absentee that she would now go with the petitioner and his spouse (absentee's parents) and write the examinations. The petitioner also stated that he and his spouse Page Nos.5/7
would be good care givers and give adequate care to the absentee.
7. In the light of the narrative thus far as it is not a case of illegal custody or illegal detention, we drop the curtains on the captioned HCP. Captioned HCP disposed of as closed.
(M.S.,J.) (M.N.K.,J.) 11.04.2023 Index : Yes/No Speaking order/Non-speaking order gpa To
1. The Superintendent of Police Thiruvallur, Thiruvallur District
2. The Deputy Superintendent of Police Thiruthani Range Thiruvallur District
3. The Inspector of Police D1, Thiruthani Police Station Thiruvallur District 4.The Public Prosecutor Madras High Court, Chennai Page Nos.6/7
M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa 11.04.2023 Page Nos.7/7