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Madras High CourtHCP/1082/2021closed

S. Balan v. The District Superintendent Of Police,

2021-07-22Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.1082 of 2021 S.Balan, S/o.Subramani, 101, Anandan Nagar Main Road, Periyaagamedu, Sadupperi, Vellore District.

.. Petitioner/Father of Detenue Vs.

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

2.The Inspector of Police, Ariyoor Police Station, Vellore District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent herein to produce the body of the petitioner's daughter Sangeetha, aged about 20 years, daughter of Balan, before this Court and set her at liberty.

For Petitioner : Mr.M.Vignesh For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side) Mr.S.Ramanujam for Detenue (Vakalat notified)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent herein to produce the body of the petitioner's

daughter Sangeetha, aged about 20 years, daughter of Balan, before this Court and set her at liberty.

2.

It is the case of the petitioner that his daughter Sangeetha, aged about 20 years, went missing from 16.06.2021 and her whereabouts are not known.

3.

Today, when the matter was taken up for hearing, Sangeetha was produced before this Court via video conferencing by her Advocate Mr.S.Ramajayam (Enrollment No.1887/2008). The learned counsel for the petitioner was also present before this Court via video conferencing.

4.

When enquired by us, Sangeetha stated that her date of birth is 28.02.2001 and she has completed B.Sc.Chemistry and she is aged about 20 years. She further stated that she has been compelled by her parents to marry someone else and so, she left her house and she is now living with her friend Santhanalakshmi in Chennai.

5.

The learned Government Advocate (Crl.Side) submitted that on a complaint given by the petitioner, a petition enquiry in C.S.R.No.327 of 2021 was conducted by the second respondent, in which, the petitioner and Sangeetha appeared and their statements were recorded. Thereafter, the police closed the petition enquiry on 16.06.2021.

6.

In such view of the matter, we do not find that Sangeetha is not in the illegal custody of anyone for the issuance of a writ of habeas corpus.

In the result, this habeas corpus petition stands closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsd To 1.The District Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Ariyoor Police Station, Vellore District.

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

H.C.P.No.1082 of 2021 UM (CO) B.VC (18/08/2021)