G.Sainath v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN G.Sainath ... Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Vepery, Chennai - 600 007.

2.The State represented by The Inspector of Police, K-11, Koyambedu Police Station, Chennai - 600 107.

3.Arunkumar 4.Ramya Arunkumar ... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to direct the respondents to produce the body of petitioner's fiancee Miss Avanthiga

Janani, daughter of Arunkumar, aged about 23 years, before this Court and set her at liberty.

For Petitioner :

Mr.M.A.Mohamedhali For R1 and R2 :

Mr.E.Raj Thilak Additional Public Prosecutor For R3 and R4 :

Mr.N.Muthukumaran

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner claims to be the fiancee of the detenue, namely, Avanthiga Janani, daughter of Arunkumar, aged about 23 years. The petitioner and the detenue are working as IT Professionals in a Software Company. The petitioner states that the petitioner and the detenue were in mutual love with each other and they wanted to marry after sometime, but the parents of the detenue did not accept their love. Thereafter, since the detenue was not responding to the phone calls of the petitioner, the petitioner has approached this Court.

2.The detenue, who is present before this Court today, states that she is not in illegal detention, but on her own. She further states that she has decided to be away from the petitioner and she is comfortable with her parents. However, she is afraid of any embarrassment at the instance of the petitioner, in future.

3.The petitioner, who is also present before this Court, assured that he would not come in the way of the detenue, in future. 4.Having regard to the statements of the petitioner and the detenue and also the fact that this is not a case of illegal detention, this Habeas Corpus Petition is closed. The respondent Police may give protection both to the petitioner as well as the detenue, in case any one of them comes forward with a proper complaint or petition.

(S.S.S.R., J.) (S.M., J.) 02.11.2023 mkn

Internet : Yes Index : Yes / No To 1.The Commissioner of Police, O/o. The Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, K-11, Koyambedu Police Station, Chennai - 600 107.

3.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 02.11.2023