D.Shanjai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.1853 of 2021 D. Shanjai ... Petitioner Vs.

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police Puliyampatti Police Station, Erode District.

3. The Inspector of Police, Modakurici Police Station Erode District.

4. Sivasubramaniam ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents 1 to 3 to produce the body of the detenue/namely, Dharani, aged 22 years, daughter of Sivasubramaniam and set her at liberty before this Honourable Court.

For Petitioner : Mr.M. Guruprasad For Respondents : Mr.R. Muniyapparaj, Additional Public Prosecutor ------

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that he and the detenue Dharani were in love with each other and though they belong to the same community, Dharani's parents were not agreeable for her marriage with the petitioner and therefore, they are keeping her in illegal confinement. Hence, he has filed this Habeus Corpus Petition.

2. Normally, we would not entertain such Habeas Corpus Petitions unless satisfactory materials are placed before us. In this case, we directed production of the detenue Dharini via video conferencing and accordingly, on 30.11.2021, she was produced via video conferencing before us. On 30.11.2021, we passed the following order.

"The detenue Dharani appeared before us via video conferencing from Sivagiri Police Station.

2. When we enquired the detenue, she stated that she is in love with the petitioner and wants to go with him.

3. The Special Sub-Inspector of Police, Sivagiri Police Station, is directed to produce the detenue before this Court on 01.12.2021. The petitioner shall also be present."

3. Today, Mr. K. Murugan, Inspector of Police, Kodumudi Police Station, Erode District, Sivagiri Police Station (Circle), is present and produced the detenue Dharani before us. The petitioner is also present.

4. When enquired by us, Dharani stated that her date of birth is 22.10.1999 and that she wants to go with the petitioner.

5. The learned counsel for the petitioner also submitted that the marriage of the petitioner with Dharani has been fixed on 02.12.2021 in Irumborai Arulmigu Kailasanathar Thirukovil, Puliampatti, Erode District.

6. Since the detenue Dharani is not a minor and that she now wants to go with the petitioner, she is set at liberty to chalk out her life.

In view of the above, this Habeas Corpus petition stands allowed.

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

To

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police Puliyampatti Police Station, Erode District.

3. The Inspector of Police, Modakurici Police Station Erode District.

4.The Inspector of Police, Kodumudi Police Station, Erode District,

5. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M. Guruprasad, Advocate Sr.NO. 3194 H.C.P.No.1853 of 2021 ksm(CO) A.SK(09.12.2021)