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Madras High CourtHCP/2349/2016closed

Mr.S.Naveen Kumar, M/28 Years v. The Inspector Of Police

2016-11-03Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.2349 of 2016 S.Naveen Kumar .. Petitioner/Mother of the detenue Vs 1.The Inspector of Police, G-5, Secretariat Colony Police Station, Secretariat Colony, Chennai-600 010.

2.M.Madankumar 3.Manokaran 4.Vanarani .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records relating to the complaint, dated 30.10.2016, pending on the file of the first respondent and to direct the respondents to produce the detenu Mrs.T.Mangaleshwari, wife of S.Naveen Kumar, aged about 20 years, before this Court, now she is illegally detained in the custody of the respondents 2 to 4 and to set the detenue Mrs.T.Mangaleshwari and hand over her custody to the petitioner forthwith.

For Petitioner : Mr.T.S.Kanmani For Respondents : Mr.V.M.R.Rajentran, Additional Public Prosecutor for R1 - - - -

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 respondents to produce the detenue T.Mangaleshwari, wife of S.Naveen Kumar, aged about 20 years, before this Court and set her liberty and hand over her custody to the petitioner.

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor, appearing on behalf of the first respondent.

The detenue T.Mangaleshwari was produced before this Court, by the respondent police. The petitioner, as well as the parents of the detenue are also present. Initially, the matter was referred to the Mediation. But, the detenue was not willing to attend the mediation. Therefore, the matter was taken up after lunch.

At the time of enquiry, the detenue had expressed her desire to go along with the petitioner herein, whom she is said to have married. The same is substantiated by the copy of the Extract of the Hindu Marriage Register, kept by the Marriage Registrar Office, Kundrathur, dated 13.10.2016. Considering the submissions made by the detenue and considering the circumstances and the fact that the detenue is, admittedly, a major, the Court finds it appropriate to permit the detenue to go, as per her wish, with the petitioner herein. As such, the detenue T.Mangaleshwari is set at liberty to go, as per her wish, with the petitioner herein. No further orders are necessary in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The Inspector of Police, G-5, Secretariat Colony Police Station, Secretariat Colony, Chennai-600 010.

2.The Public Prosecutor High Court Madras +1 cc to M/s.T.S.Kanmani Advocate sr 62872 H.C.P.No.2349 of 2016 ala(co) aa28/11/2016