Vinayagam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.1.2015 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.3678 of 2014 Vinayagam .. petitioner vs.

1. The Commissioner of Police Greater Chennai Egmore, Chennai

2. The Inspector of Police Sholavaram Police Station Chennai .. Respondents H.C.P. has been filed for a writ of Habeas Corpus directing the 1 st and 2nd respondents to rescue the detenue Sangeetha w/o.Vinayagam aged 24 years and to produce the same before this Court and set her at liberty forthwith.

For petitioner : Mr.M.R.Senthilkumar For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner is the husband of the detenue. According to the petitioner, the detenue left the matrimonial home to drop their child in play school. However, she did not return home. Therefore, the petitioner lodged a complaint before the second respondent Police on 30.10.2014. Since the second respondent had not taken any action to secure the detenue, the petitioner has filed the present Habeas Corpus Petition.

2. Today, the detenue was produced before us and when we enquired her, the detenue stated that she left her matrimonial home on her own due to the torture given by her husband suspecting her and no one is responsible for her coming out of her matrimonial home. The detenue further stated that she does not want to go either with her husband or with her parents. Admittedly, the detenue is 24 years old. https://hcservices.ecourts.gov.in/hcservices/

3. In such circumstances, as the detenue is a major and since she expressed her unwillingness to go with her husband, she is permitted to go as per her wish. As no further orders are necessary, we find it appropriate to close the Habeas Corpus Petition. However, it would be open to the petitioner to approach the appropriate forum to seek the relief, if any, in the manner known to law. Accordingly, the Habeas Corpus Petition stands closed.

lan -s/d- Assistant Registrar(Records) Dt:9/2/2015 True Copy Sub-Assistant Registrar To:

1. The Commissioner of Police Greater Chennai Egmore, Chennai

2. The Inspector of Police Sholavaram Police Station Chennai

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.R.Senthil Kumar, Advocate SR 2984 eu(co) prk11/2 H.C.P.No.3678 of 2014 https://hcservices.ecourts.gov.in/hcservices/