V.Krishnamoorthy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.3654 of 2014 V.Krishnamoorthy

...Petitioner

Vs 1.The Superintendent of Police, Thiruvannamalai District.

2.The Inspector of Police, Kelponnathur Police Station, Thiruvannamalai Taluk & District 3.Periyasamy Pudu Colony, Valuthalankulam Post, Thiruvannamali.

4.Vijaya, W/o Periyasamy, Pudu Colony, Valuthalankulam Post, Thiruvannamali.

...Respondents

Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the 1st and 2nd respondents to produce the detenu, namely Prashanth, Son of Krishnamoorthy, aged about 19 years, before this Court and set him at liberty. For Petitioner :

Mr.P.Tamilavel For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor .

O R D E R

This Habeas Corpus Petition has been filed by the father of the detenu to direct the 1st and 2nd respondents to produce the detenu, namely Prashanth, Son of Krishnamoorthy, aged about 19 years, before this Court and set him at liberty.

2. The petitioner has stated that the 3rd and 4th respondents had taken away the detenu and making all arrangements to marry him to their daughter namely, Indirakumari. The petitioner has further stated that since the police has not made any progress in the investigation on the complaint made by them on 20.11.2014, he has come forward with this petition.

3. At the time of hearing, the detenu was produced before this Court by the police along with the girl, namely Indirani. On enquiry, the detenu has stated that he had married the said Indirani on his own and there was no compulsion from the 3rd and 4th respondents or anyone else.

4. The detenu is 19 years old and the girl is also 19 years old. Considering that the detenu is a major, we find it appropriate to permit the detenu to go as per his wish.

5. With the above said observations, the Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(AD-I) //True Copy// Sub Assistant Registrar vsi To 1.The Superintendent of Police, Thiruvannamalai District.

2.The Inspector of Police, Kelponnathur Police Station, Thiruvannamalai Taluk & District

3.The Public Prosecutor, High Court, Chennai.

1 CC to Mr.P.Tamilavel, Advocate SR.No. 6710 1 CC to M/s. B. Jawahar, Advocate SR.No. 6505 HCP.No.3654 of 2014 PPA (CO) PSI (10.03.2015)