A.K.Jayakumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024 CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM A.K.Jayakumar ..
Petitioner v.
1. The Superintendent of Police Salem District, Salem
2. The State rep by its The Inspector of Police All Women Police Station Vazhapadi, Salem District
3. S.Saravanan ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the 2nd respondent to produce the petitioner's daughter Mrs.J.Rathidevi, aged about 23 years, before this Hon'ble Court, set her at liberty. For Petitioner ::
Mr.P.Venugopal For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor for R1 & R2
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of habeas corpus has been instituted to direct the second respondent to produce the petitioner's daughter Ms.Rathidevi, aged about 23 years.
2. The second respondent has filed a status report containing the following facts:- "3. On 15.07.2004, Saravanan and Rathidevi also took refuge in the Salem District Superintendent of Police office seeking protection and they were sent from the Superintendent of Police office to Vazhapadi Women's Police Station.
4. Saravanan's parents came to the police station after informing both parents from Vazhapadi women's police station, but when Rathi Devi's parents talked to Rathidevi, they hung up the phone saying that they did not agree on the marriage and asked them to go somewhere. Saravanan's parents accepted this marriage and took both of them. In this regard, CSR No.16/2024 dt.15.7.24 has been posted.
5. And in this regard, a case of man missing has been registered on the complaint lodged by the petitioner in Pattabiram Police Station, Chennai, that his daughter is missing and its case number is Crime No.428/2024 Pattabiram Police Station.
6. On 02.10.2024, when the all-women police inspector investigated, Rathi Devi told the investigation that Saravanan was happy and that she was two months pregnant and that she was well taken care of by her husband and his parents and when Rathi Devi was asked to talk to her parents on whatsapp video call, only her mother spoke and her father refused to speak.
7. And when Saravanan called and inquired, he said that he is taking good care of his wife and that his parents are also taking good care of him and that his wife is currently pregnant and the doctors said that he should not go too far as his wife is pregnant."
3. The detenue married the third respondent and the family of the third respondent accepted the marriage and now she is living along with her husband in the in-law's house. She is refusing to go to the house of the
petitioner, who is the father of the detenue. It is also brought to the notice of this Court that the detenue is pregnant as of now. Under these circumstances, we find that there is no illegal detention and consequently, the habeas corpus petition stands disposed of. Index : yes (S.M.S.,J.) (V.S.G.,J.) 21.10.2024 ss To
1. The Superintendent of Police Salem District, Salem
2. The Inspector of Police All Women Police Station Vazhapadi, Salem District
3. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 21.10.2024