P.Prabhakaran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN P.Prabhakaran ..
Petitioner v.
1. The Superintendent of Police Erode District, Erode
2. The Inspector of Police Vellithiruppur Police Station Erode District
3. Mr.Ramu ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's lover / best friend detenue namely Ms.Vaishnavi, (F/22), D/o Ramu aged about 22 years before this Hon'ble Court from the illegal custody of the 3rd respondent and set her at liberty.
For Petitioner ::
Mr.R.Sankarasubbu For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate for R1 & R2
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner is a close friend of the detenue. He also states that the petitioner and the detenue were in love with each other and decided to get married. The detenue has completed 22 years and she is also a diploma holder. The petitioner is also an engineering graduate, who has also secured a job and the credentials of the petitioner is impressive, as he could secure a decent job with a decent pay structure with future prospects.
2. The case of the petitioner is that when the petitioner and the detenue decided to marry and informed their parents, the parents of the detenue did not accept the marriage proposal and compelled her to marry someone. It is in these circumstances, the detenue appears to have left her parental home on 29.09.2023 and started living in the petitioner's house
along with his parents. The petitioner also states that he could convince his parents and the parents of the petitioner are also arranging for performing the marriage of the petitioner with the detenue. It is under these circumstances, the petitioner has come forward with this petition on the specific allegation that the father of the detenue along with his henchmen assaulted the petitioner and abducted the detenue. Alleging that the detenue is under illegal detention, the above petition is filed.
3. Upon notice being ordered to the third respondent, father of the detenue, the father and mother of the detenue were present before this Court on 30.10.2023. The detenue was also secured and produced before this Court on that date. On enquiry, we found that the detenue had some reservations to go with the parents, though she was not against her parents. When the petitioner was not present, this Court wanted the counsel appearing for the petitioner to produce the salary certificate and furnish the details of employment to ensure that the detenue will be safe, as she expressed her willingness to go with the petitioner. Since the detenue refused to go with her parents, on strong apprehensions, that her parents will
go to the extent of killing her, this Court, at the expense of the petitioner, directed the detenue to be kept in a private home.
4. Today when the detenue is again present before this Court, she expressed her willingness to go with the petitioner. The detenue also says that she had acquaintance with the petitioner for a long time from her school days; that they are loving each other; but somehow, they decided to report their parents that they are prepared to get married. The learned counsel for the petitioner also submitted before this Court that the petitioner and the detenue have fixed their marriage and the learned counsel also undertakes that the petitioner will produce the marriage certificate and report on 08.11.2023.
5. In these circumstances, this Court, having been convinced with the apprehensions of the detenue, expects the petitioner to ensure her safety from his end. Since the parents of the petitioner have agreed for the marriage, the respondent police may also provide protection to the extent possible, at the request of the petitioner, anytime they want. Therefore, this
Court, recording the fact that the detenue is now prepared to go with the petitioner, dispose of this petition with an observation that the petitioner may appear before this Court to show the marriage certificate, as undertaken by the learned counsel for the petitioner, for the purpose of recording compliance.
Post the matter on 08.11.2023.
Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 31.10.2023 Issue copy on 01.11.2023 ss To
1. The Superintendent of Police Erode District, Erode
2. The Inspector of Police Vellithiruppur Police Station Erode District
3. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 31.10.2023