G. Krishnan, v. The Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2017

CORAM

THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO and THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM H.C.P.No.798 OF 2017 G.Krishnan .. Petitioner -vs1. The Superintendent of Police Thavalakuppam, Puducherry.

2. The Station House Officer Bahour Police Station Puducherry.

3. The Station House Officer All Women Police Station Villianur, Puducherry.

4. Aruldoss .. Respondents Habeas Corpus Petition filed under 226 of the Constitution of India to direct the respondents to produce the dedenue K.Kalaivani D/o G.Krishnan, aged about 22 years, before this Court and set her at liberty.

For Petitioner : Mr.R.Thiagarajan For Respondents : Mr.M.R.Thangavel R1 to R3 Addl.Public Prosecutor(Pondicherey)

O R D E R

NOOTY.RAMAMOHANA RAO, J.

This Petition is instituted complaining that the Bahour Police Station, Puducherry, have not been properly investigating and restoring the missing daughter of the petitioner, inspite of registering the F.I.R. in Crime No.34 of 2017 on 26.04.2017.

2. Pursuant to the notice issued by this Court on 17th May 2017, the Bahaour Police Station, Puducherry, have traced the missing girl by name K.Kalaivani, daughter of the petitioner herein and produced her before this Court.

3. The petitioner and his wife were also present in the Court today. After interacting with the alleged detenue Ms.Kalaivani, who informed us that she has passed B.Sc., Nursing Course and that she worked for a while with the Mahatma Gandhi Government Hospital at Puducherry, and that she had fallen in love with another individual by name Aruldoss (4th respondent) and whom she married on her own volition. She also informs us that there is no coercion, threat or inducement and because of the understanding between the two, they married each other.

4. We have also permitted the alleged detenue to interact with her parents for a while and we have also interacted with the father, the petitioner herein. Though he was upset to learn all the developments with his daughter, however, he assured us that he will not cause any harm to his own daughter, as his daughter has not cared for the sentiments and the wellbeing of the family, by acting in the manner in which she did.

5. Since the alleged detenue is a major and she having made a statement before us that she acted in the manner in which she did on her own volition, we are of the opinion that the petitioner herein has to work out his remedies, if any, against the 4th respondent and/or his daughter-alleged detenue by name Kalaivani. There is nothing that this Court can do in the present Habeas Corpus Petition.

6. Accordingly, we dispose of the Habeas Corpus Petition, as the cause therein has become infructuous. We place on record our appreciation of the good work done by the Police in the matter. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpa To

1. The Superintendent of Police Thavalakuppam, Puducherry.

2. The Station House Officer Bahour Police Station Puducherry.

3. The Station House Officer All Women Police Station Villianur, Puducherry.

4. The Public Prosecutor High Court, Chennai.

+1cc to Mr.R.Thiagarajan , Advocate, S.R.No.41704 +1cc to Government Pleader, S.R.No. 41784 H.C.P.No.798 OF 2017 KJI(CO) CS/04/07/17