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Madras High CourtHCP/2196/2024dismissed

Vanathu Natchathiram v. The Superintendent Of Police

2024-09-05Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2196 of 2024 Vanathu Natchathiram ... Petitioner/Mother of the Detenue Vs.

1.

The Superintendent of Police, Kallakurichi Police Station, Salem City.

The Inspector of Police, Manallur Pettai Police Station, Thirukovilur, Kallakurichi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the petitioner's daughter namely Arokiya Anitha d/o Vanathu Natchathiram, aged about 32 years before this Court and set her at liberty.

For Petitioner : Mr.P.Sathishkumar For Respondents : Mr. E. Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of habeas corpus petition has been filed directing the 2nd respondent to produce the petitioner's daughter namely Arokiya Anitha d/o Vanathu Natchathiram, aged about 32 years before this Court and set her at liberty.

With reference to the relief, the learned Additional Public Prosecutor would submit that a letter has been sent by the detenue to the District Superintendent of Police, Villupuram dated 27.06.2024. In the said letter, the detenue has stated that the petitioner and the family members are forcing her to become a 'nun' in a Christian Missionary and she had already resigned from the Missionary and living separately at Velacherry, Chennai and she is not willing to join with her parents.

3.

When the detenue is aged about 32 years, she is at liberty to live as per her choice. Therefore, the petitioner has not established any illegal detention. Thus, the Habeas Corpus Petition stands dismissed. [S.M.S., J.] [V.S.G., J.] 05.09.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.

The Superintendent of Police, Kallakurichi Police Station, Salem City.

The Inspector of Police, Manallur Pettai Police Station, Thirukovilur, Kallakurichi District.

3.

The Public Prosecutor, Madras High Court, Chennai - 104.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

veda H.C.P.No.2196 of 2024 05.09.2024