Velmurugan v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P.No.1968 of 2020 Velmurugan ..Petitioner Vs.

1.The Director General of Police, 2.The Superintendent of Police, Puducherry West, Villiyanur, 3.The Inspector of Police, Villiyanur Police Station, Villiyanur, Puducherry.

4.The Inspector of Police, Mettupalayam Police Station, 5.E.Sarangapani .. Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the respondents to produce the detenue, the petitioner's wife Mathivathini aged about 26 years, before this Court and consequently set the detenue at liberty. For Petitioner : Mr.L.Poovendra Perumal For Respondents : Mr.Bharatha Chakravarthy Public Prosecutor(Puducherry)

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner, who is the husband of the detenueMathivathini, seeks custody from the fifth respondent, who is none other than her father.

2.Upon hearing the arguments made, we directed the learned Public Prosecutor to make sure the presence of the detenue and the fifth respondent. Accordingly, today, the petitioner, detenue and the fifth respondent are all present. 3.We have a detailed interaction with three of them. We made the detenue to have one to one discussion with the fifth respondent. The detenue, at the first instance informed us that she would like to rejoin the petitioner viz., the husband. Even after the talk between the detenue and the fifth respondent, she insisted upon the same. The fifth respondent has informed that he would conduct the marriage provided the detenue is allowed to be with him. This request was not accepted by the detenue. Admittedly, the detenue is a major aged about 26 years.

4.The fifth respondent, after discussion with the detenue, has stated that he would not create any trouble either to the petitioner or the detenue.

5.The statement made by the said respondent before us stands recorded. However, by way of abundant caution, we direct the respondents 2 to 4 to give necessary police protection as and when the same is sought for either by the petitioner or the detenue. The petitioner and the detenue shall be accompanied to their place by the police officer, who brought her before this Court.

Accordingly, the habeas corpus petitions stands disposed of. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar raa To 1.The Director General of Police, 2.The Superintendent of Police, Puducherry West, Villiyanur,

3.The Inspector of Police, Villiyanur Police Station, Villiyanur, Puducherry.

4.The Inspector of Police, Mettupalayam Police Station, 5.The Joint Secretary to Government Public (law & order) Fort st. george , Chennai.

6.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Meenakshi, Advocate, sr no.35846 +1cc to Mr.S.Kishoe kumar, Advocate, sr no.35536 HCP No.1968 of 2020 KK(CO) RMP(27/11/2020)