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Madras High CourtHCP/641/2018disposed of

S.Thamizarasi, Aged 39 Years v. The State Rep. By

2018-04-09Honourable Mrs Justice R. Hemalatha,Honourable Mr Justice M. Venugopal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.04.2018

CORAM

THE HON'BLE Mr. JUSTICE M.VENUGOPAL and THE HON'BLE Mrs. JUSTICE R.HEMALATHA H.C.P.No.641 of 2018 S.Tamizarasi .. Petitioner Vs 1.The State rep. By Inpsector of Police, D-4, R.K. Pettai Police Station, Thiruvallur, Thiruvallur District.

2.M.Gopi .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the Respondent herein to produce the Petitioner's daughter namely S.SARANYA, aged about 17 years, D/o.Saminathan before this Court and set her at liberty forthwith.

For Petitioner : Mr.B.Thirumalai For 1st Respondent : Mr.R.Ravichandran Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by R.HEMALATHA J.] The petitioner viz., S.Thamizarasi has filed the present Habeas Corpus Petition directing the 1st respondent Police to produce her daughter S.Saranya, aged about 17 years before this Court.

2.In the affidavit filed along with the petition, the petitioner has contended that her daughter Saranya is studying in 12th standard in Solingar Government Girls Higher Secondary School, Thiruvallur and on 09.03.2018 she went missing from home. The petitioner searched her and since she could not find out her daughter, she lodged a complaint with the Inspector of Police, R.K.Pet Police Station, Thiruvallur District on 12.03.2018 and a first information report was also registered in Crime No.80 of 2018 of R.K.Pet Police Station, Thiruvallur District. It is further averred in the affidavit that the https://hcservices.ecourts.gov.in/hcservices/

petitioner is suspecting that the 2nd respondent might have abducted her daugther Saranya.

3.Earlier on 04.04.2018, the learned Additional Public Prosecutor appearing for the 1st respondent requested time for obtaining instructions. Accordingly, time was granted and the 1st respondent Police has produced the detenue S.Saranya before this Court today.

4.We interacted with the detenue S.Saranya. She informed us that she was not good in her studies and for that reason, her parents used to scold her. The 12th standard Board Examinations commenced on 07.03.2018 and since she did not write the examinations well, she left the home for Kalahasthi, where her maternal aunt is residing. Now the petitioner's daughter stated that she has come back home and residing with her parents and that nobody abducted her. Her father was also interacted by us. He informed us that the 2nd respondent is his brother's son and that he had not abducted his daughter.

5.Since the petitioner's daughter viz., S.Saranya (Detenue) has come back to her parents' house, nothing survives for further adjudication in this petition and the Writ of Hebeas Corpus Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Sgl To 1.The Inpsector of Police, D-4, R.K. Pettai Police Station, Thiruvallur, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

H.C.P.No.641 of 2018 br(co) aa19/04/2018 https://hcservices.ecourts.gov.in/hcservices/