Mrs.Chandra v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15-04-2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU AND THE HON'BLE MR. JUSTICE P.KALAIYARASAN H.C.P.No.756 of 2016 Mrs.Chandra ... Petitioner Vs

1. The Superintendent of Police Vellore, Vellore District.

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

3. The Inspector of Police Veppankuppam Police Station Vellore District.

4. Dharmalingam

5. Chokkalingam

6. Kala

7. Sankar

8. Senthamarai

9. Kumaraguru ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the body of the detenue viz., K.Logeshpriya, aged about 23 years, before this Court and to set her at liberty.

For Petitioner :

Mr.K.Silambarasan For Respondents :

Mr.M.Maharaja, Additional Public Prosecutor for R.1 to R.3

O R D E R

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of the detenue viz., K.Logeshpriya, aged about 23 years.

According to the petitioner, the detenue viz., K.Logeshpriya, is an Engineering graduate. It is her further case that the detenue has been abducted by the respondents 4 to 9. In this regard, a complaint was made to the 3rd respondent police on 18.11.2015. The said complaint had been issued with C.S.R.No.300 of 2015. But, no action has been taken by the 3rd respondent police. With this grievance, the petitioner has come up with this petition.

2. We have heard Mr.K.Silambarasan, the learned counsel appearing for the petitioner; Mr.M.Maharaja, the learned Additional Public Prosecutor, who is taking notice on behalf of the respondents 1 to 3; and we have also perused the records carefully.

3. The learned counsel for the petitioner would submit that the detenue has now married the 4th respondent and they have planned to go abroad. If this statement is accepted to be true, then there is no question of any illegal detention. The detenue viz., K.Logeshpriya is more than 23 years of age and she is an Engineering graduate. It appears that she has chosen her own way of life to marry the 4th respondent, to go and settle down in a foreign country. Thus, we do not find any material even to infer that there is any illegal detention. Thus, we do not find any merit at all in this petition. This petition deserves only to be dismissed. Accordingly, this Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar paa To

1. The Superintendent of Police Vellore, Vellore District.

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

3. The Inspector of Police Veppankuppam Police Station Vellore District.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.K.Silambarasan, Advocate, S.R.No.24327 H.C.P.No.756 of 2016 VD(CO) CA(06/05/2016)