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Madras High CourtHCP/2004/2021closed

S.Siva Mugunthan v. The Superintendent Of Police

2021-12-08Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.No.2004 of 2021 S.Siva Muguntan .. Petitioner Vs.

1.The Superintendent of Police, Tiruvannamalai District.

2.The Sub-Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

3.Karthikeyan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st and 2nd respondents to produce the body of the petitioner's wife K.Akilandeshwari, who is aged 20 years, before this Court and set her at liberty.

For Petitioner : Mr.M.Sridhar For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 1st and 2nd respondents to produce the body of the petitioner's wife K.Akilandeshwari, aged about 20 years, before this Court and set her at liberty.

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2.

It is the case of the petitioner that he was in love with Akilandeshwari and she is being kept in the illegal detention of her father viz., Karthikeyan, third respondent herein.

3.

Today V.Lakshminarayanan, Sub-Inspector of Police, Thanipadi Police Station, Thiruvannamalai, is present. The police produced Akiladeshwari before us.

4.

When we enquired Akilandeshwari, she stated that her date of birth is 26.03.2002 and she has completed B.Sc. Computer Science; she is not in the illegal custody of her parents and she is with her parents on her own volition and free will. She further stated that the petitioner is torturing her with some photographs and sought protection from him. 5.

We find that Akilandeshwari is not in the illegal custody of the third respondent for the issuance of a writ of habeas corpus.

In the result, this habeas corpus petition stands clos Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar nsd To 1.The Superintendent of Police, Tiruvannamalai District.

2.The Sub-Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Sridhar, Advocate SR.No.65072 H.C.P.No.2004 of 2021 MG(CO) CB(20/12/2021) https://hcservices.ecourts.gov.in/hcservices/