Gowri v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Gowri .. Petitioner Vs 1.The Commissioner of Police, Greater Chennai Police, Chennai.

2.The Inspector of Police, Thiruvanmiyur Police Station, Chennai City.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent herein to produce the petitioner's daughter by name Gowjitha, aged about 26 years, before this Court and set her at liberty.

For Petitioner : Mr.K.Karuppaiyamooppanar For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

(Made by P.N.PRAKASH, J.) This habeas corpus petition has been filed by the petitioner seeking a direction to the second respondent herein to produce her daughter viz. Gowjitha, aged about 26 years, before this Court and set her at liberty. 2.

It is the case of the petitioner that her daughter Gowjitha, aged about 26 years, went missing from 10.10.2022 and that the police are not taking effective steps to secure her.

3.

Today, V.Rajagopal (Mobile No.97911 13344), Sub-Inspector of Police, Thiruvanmiyur Police Station, Chennai, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thiruvanmiyur Police Station Crime No.372 of 2022 has been registered on 10.10.2022 and during the course of investigation, it came to light that Gowjitha was in love with one Sivaji Ganesan and got married to him on

11.10.2022 and thereafter, the couple appeared before the All Women Police Station, Mudugalathur, Ramanathapuram District, seeking protection on the ground that their marriage in an intercaste marriage; information was sent to the petitioner, who is said to have appeared before the police for enquiry. 5.

We also interviewed Gowjitha, who appeared before this Court via Whatsapp video call. She stated that she is not in illegal custody of anybody and she is with her husband Sivaji Ganesan in Mudugalathur, Ramanathapuram District.

6.

In such view of the matter, it cannot be stated that Gowjitha is in illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

Recording the same, this habeas corpus petition stands closed. (P.N.P., J.) (TKRJ) 18.10.2022 Index: Yes/No nsd

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd To 1.The Commissioner of Police, Greater Chennai Police, Chennai.

2.The Inspector of Police, Thiruvanmiyur Police Station, Chennai City.

3.The Public Prosecutor, High Court, Madras.

18.10.2022