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Madras High CourtHCP/1378/2020disposed of

V.Raghuraman v. The Superintendent Of Police

2020-09-30Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.1378 of 2020 V.Raghuraman S/o.Velmurugan ... Petitioner Vs

1. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2. State Rep, by Inspector of Police, Anakavur Police Station, Thiruvannamalai District.

3. Velmurugan,

4. The Inspector of Police, All Women Police Sation, Gingee Taluk, Villupuram District.

(R4-Suo motu impleaded as per order in H.C.P.No.1378 of 2020 dated 23.09.2020) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the second respondent to produce the body of the detenue, namely V.Santhalakshmi, wife of the petitioner, aged about 23 years before this Court and set her liberty. For Petitioner : Mr.R.Balaguruswamy For Respondents: Mr. R. Prathap Kumar, (for R1, R2 and R4) Additional Public Prosecutor for R3 : Mrs.R.Divya for Mr.K.Balu for R3

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.The petitioner alleged that he got married to one V.Santhalakshmi, aged about 23 years, the detenue herein, at Palaniamman Koil, Ramapuram, Maduranthagam Taluk on 01.07.2020. However, the third respondent, who is the father of the detenue is keeping her in illegal custody. Therefore, the petitioner lodged a complaint on 08.07.2020 with the respondent and CSR has been issued on 24.07.2020. Thereafter, since no action has been taken, the petitioner is compelled to approach this Court by filing this present petition.

3.Earlier when the matter was called, the alleged detenue viz., V.Santhalakshmi and the petitioner have been produced before this Court through Video-Conference by Mrs.Jayanthi, Inspector of Police, All Women Police Station, Gingee. Both the petitioner as well as the detenue would submit that they got married and the detenue expressed her intention to go with her husband.

4.However, the third respondent/father and his wife insisted that the girl should be sent along with them. Moreover, the third respondent would submit that the petitioner has already married two girls and cheated them and submitted that he is a married person. In view of the above fact, they submitted that their daughter should not be allowed to go along with the petitioner. Therefore, this Court directed the Inspector of Police, All Women Police Station, Gingee to conduct an enquiry as to whether the allegation mentioned by the third respondent is correct or not. 5.When the matter is called today, the Inspector of Police would submit that she along with the third respondent conducted enquiry with the two girls pointed out by the third respondent and the enquiry revealed that it is a fact that the petitioner was in love with two girls.

However, the two girls themselves got separated from the petitioner and one girl has already got married. Therefore, it is evident that there is no cheating by the petitioner and it is only relationships that got snapped. This Court appreciates the investigation as well as conciliation done by Mrs.Jayanthi, Inspector of Police, All Women Police Station, Gingee. Further, the detenue would categorically state that she would like to go with her husband. The petitioner also assured that he would register their marriage.

6.In view of the above facts, it is evident that there is no illegal custody. With the above observations, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tta/lpp To, 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2. Inspector of Police, Anakavur Police Station, Thiruvannamalai District.

3.The Inspector of Police, All Women Police Sation, Gingee Taluk, Villupuram District.

4.The Public Prosecutor High Court of Madras Chennai.

+1 cc to M/s.R.Balagurusamy, Advocate Sr.No. 32984 H.C.P.No.1378 of 2020 RSI(CO) RMP(10/11/2020)