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Madras High CourtHCP/82/2016closed

Muniammal v. State By Inspector Of

2016-01-19Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P.No.82 of 2016 Muniammal .. Petitioner/Mother of the detenue Vs.

State by Inspector of Police, C5- Kothavalchavadi Police Station, Chennai.

.. Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus to direct the respondent to produce the detenue by name Annalakshmi daughter of Kuppusamy, aged about 20 years before this Court and set her at liberty.

For Petitioner :

Mr.K.Balu For respondents :

Mr.A.N.Thambidurai Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition is filed by the mother of the detenue Annalakshmi for a direction to the respondent to produce the detenue before this Court and set her at liberty.

2. It is the case of the petitioner that her daughter Annalakshmi, aged about 20 years, was working as maid in a house in Elephant Gate, Chennai and that she went missing from the house of the employer on 29.12.2015, in connection with which, the petitioner has filed a complaint before the police. The allegation of the petitioner is that since the respondent - police did not take effective steps to secure the detenue, she has filed the present Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/

3. Today, when the matter was taken up for hearing, Ms.M.Geetha, Sub-Inspector of Police, C-5 Kothaval Chavadi Police Station is present. Learned Additional Public Prosecutor submits that the complaint given by the petitioner has been registered as C.S.R.No.4 of 2016 and an enquiry was conducted, in which, the petitioner and the detenue Annalakshmi appeared before the Police Station. The detenue disclosed that she was in love with one Kiran and married him. Since the petitioner is not willing to take back her daughter, the father of the said Kiran came forward to give her asylum in his house. He further stated that the detenue has written a letter to the respondent - police stating that her parents knew that she was in love with Kiran and they sent her out of house and hence, she is staying in Kiran's house.

4. Under such circumstances, it cannot be stated that the detenue is in the illegal custody of any one warranting issuance of a Writ of Habeas Corpus. Accordingly, this Habeas Corpus Petition stands closed.

-s/dAssistant Registrar(CSVII) True Copy Sub-Assistant Registrar sl To

1. The Inspector of Police, C5- Kothavalchavadi Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

H.C.P.No.82 of 2016 vgl(co) aa01/02/2016 https://hcservices.ecourts.gov.in/hcservices/