B.Yasodharani v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE S.SRIMATHY H.C.P.No.1780 of 2021 B.Yasodharani W/o.Balu ..Petitioner/Mother of Detenu Vs.

1.The Commissioner of Police, Greater Chennai, Veppery, Chennai.

2.The Inspector of Police, T-4, Maduravoyal Police Station, Chennai.

3.Ethiraj 4.Karpagam 5.E.Ajith S/o.Ethiraj ..Respondents/Complainant Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the petitioner's daughter B.Vidhyalakshmi, aged 22 years, who is under the illegal custody of respondents 3 to 5, based upon the complaint dated 22.10.2021 and CSR No.1070 of 2021 and set her at liberty. For Petitioner :

Mr.A.Manoj Kumar For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter B.Vidhyalakshmi, aged 22 years, who is under the illegal custody of respondents 3 to 5, based upon the complaint dated 22.10.2021 and CSR No.1070 of 2021 and set her at liberty.

2. It is the case of the petitioner that her daughter Vidhyalakshmi, aged about 22 years, is in the illegal custody of fifth respondent and that police are not taking effective steps to secure her.

3. Today, Mr.N.Perumalsamy, Sub-Inspector of Police, Maduravoyal Police Station, is present and Vidhyalakshmi is produced before us. The petitioner and her husband is also present.

4. When enquired by us, Vidhyalakshmi stated that she was in love with the fifth respondent and got married to him on 22.10.2021 and that she is living with the fifth respondent. She has clearly stated that she is not willing to go with her parents.

5. Since Vidhyalakshmi is a major and that she has voluntarily left her parental home to get married to the fifth respondent, we do not find her to be in the illegal custody, as alleged by the petitioner, for issuance of a writ of habeas corpus.

Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gm To 1.The Commissioner of Police, Greater Chennai, Veppery, Chennai.

2.The Inspector of Police, T-4, Maduravoyal Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Manojkumar, Advocate Sr No.56990 H.C.P.No.1780 of 2021 GJ (CO) PR (17/11/2021)