L.Arokiasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.No.1498 of 2021 L.Arokiasamy

...Petitioner

Vs.

1. State represented by The Superintendent of Police, Erode District.

2. State represented by The Inspector of Police, Siruvalur Police Station, Erode District.

3. Sanjeev Kumar D.Dhayalan

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus direct the 1st and 2nd respondents to produce the body of the detenue viz., Sindhu @ Mahima, D/o.L.Arokiasamy, aged about 20 years, bodily or in person before this Court from the alleged custody of the 3rd respondent and set her at liberty.

For Petitioner : Mr.S.Parthasarathy For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 1st and 2nd respondents to produce the body of the detenue viz., Sindhu @ Mahima, D/o.L.Arokiasamy, aged about 20 years,

bodily or in person before this Court from the alleged custody of the 3rd respondent and set her at liberty. 2.

It is the case of the petitioner that his daughter Sindhu @ Mahima, aged about 20 years, has been abducted by the third respondent and that the police are not taking effective steps to secure her, despite the registration of an FIR in Siruvalur Police Station Crime No.130 of 2021 on 29.07.2021 for 'woman missing'.

3.Today Menaka (Mobile No.78456 66983), Sub-Inspector of Police, Gobichettipalayam All Women Police Station, is present. 4.On instructions, the learned Additional Public Prosecutor submitted that Sindhu @ Mahima was in love with the third respondent and eloped with him. He further submitted that the third respondent's father Dhayalan filed H.C.P.(MD).No.1080 of 2021 in the Madurai of Madras High Court alleging that his son Sanjeev Kumar is in the illegal custody of Arokiyasamy (third respondent therein, petitioner in this case and father of Sindhu @ Mahima).

5.The Madurai Bench heard the matter on 05.08.2021 and has passed the following order:

"2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that the petitioner's son married the daughter of the third respondent and both of them appeared before the All Women Police Station, Sivagangai, seeking protection and thereafter, an enquiry was also conducted in which the petitioner also appeared.

3. Considering the above facts, we find that there is no illegal detention as alleged by the petitioner. Hence, the Habeas Corpus Petition is closed."

In view of the above, no further orders are need to be passed in this habeas corpus petition and the same is accordingly closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd

To

1. The Superintendent of Police, Erode District.

2. The Inspector of Police, Siruvalur Police Station, Erode District.

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

+1cc to M/s.Parthasarathi, Advocate, S.R.No.49877 H.C.P.No.1498 of 2021 RGN(CO) RGA(12/10/2021)