A. Akash v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.05.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR HCP No.837 of 2023 A.Akash ... Petitioner Vs

1. The Commissioner Police Vepery, Chennai - 600 008.

2. The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the body of the petitioner's sister 'A.Abinaya' Female, aged 19 years, before this Court and set her at liberty.

For Petitioner : Mr.R.Radha Pandian For Respondents : Mr.S.Rajakumar Additional Public Prosecutor Page No.1/4

ORDER

(Order of the Court was made by Dr.ANITA SUMANTH,J.) Read this order in conjunction with and in continuation of order dated 10.05.2023 that reads as follows:

Mr.S.Rajakumar, learned Additional Public Prosecutor accepts notice for the respondents and submits that the detenue had surrendered before the police station at Dharmapuri along with one Cheranathan, whom she claims to have married.

2. Let this fact be communicated to the petitioner and his family and be reduced to writing as well. Statement of the detenue and others, if any, recorded at the time of surrender also be supplied to the petitioner as well as to the Court.

3. List on 11.05.2023.

2. Today, Mr.S.Rajakumar, learned Additional Public Prosecutor has produced a copy of the statement of the detenue, marriage registration certificate of her marriage and photograph of a couple, stated to be that of the newly married couple as aforesaid.

3. Learned Additional Public Prosecutor states that efforts were made to locate the couple, though there is no such direction for the same. The efforts have proved futile.

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4. Since learned counsel for the petitioner expresses that the petitioner and his family wish to see the couple, they may be in touch with the police to ascertain the whereabouts of the couple as and when located.

5. Since the absentee is a major, aged 19 years and the documents now produced indicate that there has been no coercion or duress and the absentee has acted of her own free will, this is recorded and this petition closed. (A.S.M.,J) (M.N.K.,J) 11.05.2023 Index:Yes/No Speaking/non-speaking order sl To

1. The Commissioner Police Vepery, Chennai - 600 008.

2. The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

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Dr.ANITA SUMANTH,J AND M.NIRMAL KUMAR,J.

Sl HCP No.837 of 2023 11.05.2023 Page No.4/4