G. Prema 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.1964 of 2021 G. Prema ... Petitioner Vs.

1. The Superintendent of Police, Tiruvallur District,

2. The Inspector of Police, All Women Police Station,

3. District Social Welfare Officer, Collectorate Office Campus, 2nd Floor, Tiruvallur H.O.

Tiruvallur 602 001.

4. Sheik Meeran, S/o. Khaleel, EjamanBanans, Mudichur Road, Tambaram, Chennai 600 045 ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2nd and 3rd respondents to produce the person and body of the petitioner daughter G. Nandhini, Female, aged about 22 years, D/o. G. Gokulan, before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.S. Senthilvel 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 her daughter G. Nandhini was taken by the 2nd and 3rd respondent on 20.11.2021 and that her whereabouts are not known. Hence, she has filed this Habeas Corpus Petition with the above prayer.

2. Today, Tmt.R. Sangeetha (WHC 188), All Women Police Station, Thiruvallur, is present and produced the detenue G. Nandhini, the petitioner's daughter, before us.

3. When enquired by us, the detenue G. Nandhini stated that her date of birth is 24.05.1997 and that she has completed B.C.A and a course in Cosmetology. She further stated that she is in love with the 4th respondent and wanted to marry him; however, since her parents were not agreeable for the marriage, they were keeping her in confinement without permitting her to go out; therefore, on 20.11.2021, she called the helpline No.181 to rescue her and accordingly, she was rescued by the 2nd and 3rd respondent, who kept her in a Home in Alapakkam; thereafter, she was permitted to go with the 4th respondent on 22.11.2021 and she got married on 23.11.2021; thereafter, she is living with the 4th respondent at No.5, Devarajpillai Street, Mudichur Road, West Tambaram, Chennai 600 045; her mobile number is 9840009922. She categorically stated that she does not want to go with her parents.

4. Since the detenue G. Nandhini is not in the illegal custody of anyone, no writ of Habeas Corpus can be issued.

5. In view of the above facts, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bga To

1. The Superintendent of Police, Tiruvallur District,

2. The Inspector of Police, All Women Police Station,

3. District Social Welfare Officer, Collectorate Office Campus, 2nd Floor, Tiruvallur H.O.

Tiruvallur 602 001.

4. The Public Prosecutor, High Court, Madras. H.C.P.No.1964 of 2021 SSV(CO) CT 09/12/2021