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Madras High CourtHCP/375/2017closed

R.Annai Mary, Aged 43 Years, v. State Rep. By ,

2017-03-15Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.375 of 2017 R.Annai Mary .. Petitioner versus

1. State rep. by The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. State rep. by The Inspector of Police, Rajamangalam Police Station, Anna Nagar, Chennai.

3. Saravanan .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the respondents to produce the body of the detenue, Priya @ Padmapriya, aged 26 years, who was missing from 15.02.2017 before this Court and set her at liberty.

For Petitioner : Mr.M.Madhan Kumar For Respondents : Mr.V.M.R.Rajentran Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the mother of one Mrs.Priya @ Padmapriya/detenue, who is aged about 26 years and she has got a child, by name, Kavya. The child is now with the husband of Mrs.Priya @ Padmapriya. According to the petitioner, the detenue https://hcservices.ecourts.gov.in/hcservices/

has been found missing from 17.02.2017 onwards. Hence, the petitioner has filed the present Habeas Corpus Petition.

2. Today, on a mention made by the learned Additional Public Prosecutor, the matter was listed in the special list. Despite intimation given to the petitioner, neither the petitioner nor the counsel is present.

3. The detenue has been produced before this Court by the respondent Police at 1.25p.m. We enquired the detenue. She told us that the petitioner and her husband caused intolerable torture and hence, she left matrimonial home on her own and she has been living with her distant relative, namely, Dhanalakshmi, at SIDCO, No.49, Muthumari Street, Door No.6, Villivakkam, Chennai. The said statement is recorded.

4. In view of the above position, since, we are satisfied that there is no illegal detention of the detenue, no further direction as prayed for by the petitioner could be granted.

5. In the result, this Habeas Corpus Petition is closed, leaving it open for the detenue to chose her own way of life.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sri To

1. The Commissioner of Police, Government of Tamil Nadu, Greater Chennai, Vepery, Chennai - 600 007.

2. The Inspector of Police, Government of Tamil Nadu, Rajamangalam Police Station, Anna Nagar, Chennai.

3. The Additional Public Prosecutor High Court, Madras.

H.C.P.No.375 of 2017 ev(co) rmp(17/04/17) https://hcservices.ecourts.gov.in/hcservices/