Veeravel v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.2330 OF 2020 Veeravel S/o.Krishnamoorthy ... Petitioner/ Detenue's Father .Vs.
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Sub-Inspector of Police, Virudhachalam Police Station, Cuddalore District.
3. Ramkumar S/o.Ramakrishnan ... Respondents PRAYER:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the petitioner's daughter, viz., Gayathri D/o.Veeravel, aged about 17 years, before this Court and hand over her custody to the petitioner forthwith.
For Petitioner : Mr.R.Raji For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor [R1 & R2] No appearance [R3]
ORDER
[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter, viz., Gayathri D/o.Veeravel, aged about 17 years, before this Court and hand over her custody to the petitioner forthwith.
2. On 02.03.2021, we passed the following order: 'Today, Mr.C.Venu, Special Sub Inspector of Police, Vridhachalam Police Station, Cuddalore District is present.
2. On instructions, learned Additional Public Prosecutor submitted that on the complaint given by Baskaran, grandfather of the detenue, a case in Vridhachalam Police Station Crime No.2193 of 2020 was registered under Section 366A IPC against the third respondent and five of his friends have been arrested and remanded to custody for helping the third respondent to elope with the petitioner's daughter.
3. If the detenue is secured, she may be produced before the Judicial Magistrate I, Vridhachalam, who shall pass appropriate orders of custody in accordance with law.
Post the matter on 05.04.2021.'
3. Today, when the matter was taken up for hearing, learned Additional Public Prosecutor submits that the detenue was secured by the police on 17.09.2021 and she was produced before the learned Judicial Magistrate I, Vridhachalam, on the same day. When enquired by the learned Magistrate, the detenue stated that she has got married to Ramkumar (third respondent herein) and she is in the family way. She has further stated that she is 18 years old and that she is not willing to go to her parental home and wants to go to the house of her in-laws. After recording her statement, the learned Magistrate has set her at liberty since she was found to be above 18 years of age.
Recording the aforesaid submission, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm To 1.
The Judicial Magistrate No.I, Vridhachalam.
2.
The Superintendent of Police, Cuddalore District, Cuddalore.
3.
The Sub-Inspector of Police, Virudhachalam Police Station, Cuddalore District.
4.
The Public Prosecutor, High Court, Madras.
H.C.P.NO.2330 OF 2020 GJ(CO) PBS/11/10/2021