Saroja v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.978 of 2021 Saroja .. Petitioner Vs.

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

2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

3.Pratheeban .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents 1 and 2 herein to produce the body and person of Premalatha, daughter of Ganapathy Koundar, aged about 25 years, before this Court and from the custody of the 3rd respondent and set her at liberty.

For Petitioner : Mr.K.Balu For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents 1 and 2 herein to produce the body and person of Premalatha, daughter of Ganapathy Koundar, aged about 25 years, before this Court and from the custody of the 3rd respondent and set her at liberty.

2.

It is the case of the petitioner that her daughter Premalatha, aged about 25 years, went missing since 09.06.2021 https://hcservices.ecourts.gov.in/hcservices/

and she is in the illegal custody of the third respondent and it is her grievance that the police were not taking effective steps to secure her.

3.

Today, when the matter was taken up for hearing, Premalatha was produced by Ms.Sathya, Sub-Inspector of Police, Villupuram Taluk Police Station, from the said police station via video conference.

4.

When enquired by us, Premalatha said that her date of birth is 20.11.1995 and that she was in love with Pratheeban, third respondent herein; as her parents were not agreeable for their marriage, she eloped with him and married to him on 09.06.2021. Pratheeban was also produced via video conference. Premalatha and Pratheeban stated that they are presently residing at Door No.126, Mariyamman Koil Street, Kallapattu Colony, Villupuram Taluk, Villupuram District, Tamil Nadu - 605 108 and their mobile numbers are 9791646078 and 6374857122, respectively.

5.

In such view of the matter, we do not find that Premalatha is in the illegal custody of the third respondent for the issuance of writ of habeas corpus. That apart, Premalatha is not a minor.

In the result, this habeas corpus petition is closed. Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar nsd To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

3.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.978 of 2021 GSM(CO) GMY(23/07/2021) https://hcservices.ecourts.gov.in/hcservices/