S.Elangavi M/A 26 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2016 ORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR. JUSTICE S. BASKARAN H.C.P.No.2224 of 2016 S.Elangavi ... Petitioner vs.

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

2.The Inspector of Police, E-2, Eriyur Police station, Pennagaram Taluk, Dharmapuri District 3.M.Anbu ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of A.Menaka, wife of S.Elangavi, aged about 20 years, now before this Court and set her at liberty.

For Petitioner :

No appearance For Respondents :

Mr.V.M.R.Rajendren, Addl. Public Prosecutor for R1 and R2 D. Balachandran R3

O R D E R

(Order of the Court was made by S.BASKARAN J.) This habeas corpus petition has been filed by the husband of the detenue, namely, A.Menaka, aged about 20 years, praying that this Court may be pleased to direct the respondent

police to produce his wife, before this Court, and to set her at liberty.

2. It has been stated that the detenue, namely, A.Menaka, aged about 20 years, has been missing from 30.09.2016. Therefore, the petitioner had preferred a complaint before the second respondent police. Since no effective steps had been taken, to trace the detenue, the husband of the detenue, has come forward with the present habeas corpus petition before this Court.

3. Today, when the matter was taken up for hearing, the respondent police had produced the detenue, before this Court. The third respondent was also present. On enquiry, the detenue had stated that she is all along living with her parents only. She had further stated that the petitioner took her forcibly and effected registered marriage, on 21.08.2015, at Arulmigu Balathandayuthabani Swamy Thirukovil Mohanur Road, Namakkal. She had also stated that she is comfortable and happy to be with her parents and she is not willing to go along with the petitioner.

4. There is no representation on the side of the petitioner, in spite of information given by the Additional Public Prosecutor, to the counsel for the petitioner.

5. Admittedly, the detenue is a major and she is pursuing her 4th year B.Pharm in P.G.P.College, Namakkal. Considering the facts and circumstances of the case and also the fact that the detenue is willing to go along with her father, the third respondent herein, we are inclined to close the habeas corpus petition, setting the detenue at liberty, to go along with the third respondent, as per her wish. Accordingly, the habeas corpus petition stands closed.

msk Sd/- Assistant Registrar (CS VI) /TRUE COPY/ Sub-Assistant Registrar

To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, E-2, Eriyur Police station, Pennagaram Taluk, Dharmapuri District 3.The Additional Public Prosecutor High Court, Madras.

+1CC to MR.KADHIRVEL MURUGAN Advocate SR.NO.60826 +1CC to MR.D.BALACHANDRAN Advocate SR.NO.60446 H.C.P.No.2224/2016 MG[CO] MK:12/11/2016