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Madras High CourtHCP/2290/2016closed

M.Ravi, Aged 47 Years v. The Sub-Inspector Of Police

2016-10-26Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.2290 of 2016 M.Ravi ... Petitioner Vs

1. The Sub Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

2. The Superintendent of Police, Vellore District, Vellore.

3. Subash ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the first and the second respondents to make investigation in the case registered in Crime No.444 of 2016 on the file of the first respondent and produce the petitioner's daughter, Silpa, aged 19 years, who disappeared on 12.10.2016, before this Court and set her liberty.

For Petitioner : No appearance For Respondents : Mr.V.M.R.Rajentran, Additional Public Prosecutor for RR1 and 2

ORDER

[Order of the Court was made by S.BASKARAN, J. ] This Habeas Corpus Petition has been filed, by the petitioner, praying for the issuance of a Writ of Habeas Corpus, directing the first and the second respondents to make investigation in the case registered in Crime No.444 of 2016 on

the file of the first respondent and produce the petitioner's daughter, Silpa, aged about 19 years, who had disappeared, on 12.10.2016, before this Court and set her liberty. 2.

Since the detenue was produced before this Court, this matter was taken up today by way of a special list. Heard the learned Additional Public Prosecutor, appearing on behalf of the respondents 1 and 2.

3.

The learned Additional Public Prosecutor had informed the Court that he had informed the petitioner's counsel about the detenue being produced today and the matter was passed over and it was taken up after lunch. At the time of hearing of this petition, neither the petitioner nor the counsel appearing for the petitioner was present.

4.

On enquiry, the detenue had stated that she is a major. She has, now, married the third respondent herein. She produced a copy of her school Transfer Certificate, wherein her date of birth is shown as 5.6.1998. Apparently, the detenue is a major. She also produced the true extract of the Hindu Marriage Register, kept by the Marriage Registrar Office, Gudiyatham, which shows that she had married the third respondent herein on 13.10.16. On further enquiry, the detenue expresses her desire to go along with the third respondent herein. 5.

Considering the submissions made by the detenue and considering the circumstances and the fact that the detenue is a major, the Court finds it appropriate to permit the detenue to go as per her wish. As such, the detenue Silpa is set at liberty to go as per her wish. No further orders are necessary in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vvk To

1. The Sub Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

2. The Superintendent of Police, Vellore District, Vellore.

3. The Public Prosecutor, High Court, Madras 104.

H.C.P.No.2290 of 2016 VD(CO) CA(22/11/2016)