S.Murugesan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2019

CORAM:

The Honourable Mr. Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.1987 of 2019 S.Murugesan ... Petitioner vs.

1.

The Superintendent of Police, Salem.

2.

The Inspector of Police, The Sub-Inspector of Police, Rubash Kumar ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 2nd Respondent herein to produce the Petitioner's minor daughter M.Narmatha, aged 17 years, D/o.S.Murugesan, before this Court from the illegal custody of the 4th Respondent and handover the custody to the Petitioner.

For Petitioner : Mr.A.Rajakumar For Respondent 1 to 3 : Mr.R.Prathap Kumar, Additional Public Prosecutor

O R D E R

[Order of the court was made by M.M.SUNDRESH,J.] The Petitioner, who is the father of the detenue, alleging that the detenue is in the illegal custody of the 4th Respondent herein, has come up with this Habeas Corpus Petition, seeking production of the detenue.

2.

Today, the detenue and and all the interested parties are present before this Court.

The detenue clearly informed that she intends to go only with the 4th Respondent herein. In fact, the detenue is married to the 4th Respondent. Though the question with regard to her majority has been raised, on a perusal of the School Certificate and Aadhar Card of the detenue, it appears that the detenue is a major as on date. Even the detenue has admitted that, she has attained majority.

In such view of the matter, we set the detenue at liberty and she can continue to live with the 4th Respondent herein. However, we make it clear that this order will not stand in the way of the ultimate conclusion to be arrived at by Respondents 1 and 2, after investigation.

5.

The Habeas Corpus Petition is closed with the above observation.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Superintendent of Police, Salem.

2.

The Inspector of Police,

The Sub-Inspector of Police, The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate Sr.85579 H.C.P.No.1987 of 2019 vg I[co] srg 18/11/2019