Jayalakshmi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Jayalakshmi W/o Veerapandiyan ..
Petitioner v.
1. The Commissioner of Police Near Albert Theatre Next to Pantheon Road Egmore, Chennai
2. The Inspector of Police B5, Manavala Nagar Police Station Thiruvallur 602 002 ..
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 rescue the girl and produce her daughter, Dhanalakshmi aged about 18 years old girl, before this Hon'ble Court and set her at liberty.
For Petitioner ::
Ms.S.G.Vedhapriyadharshini For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This petition is filed by the mother of the detenue seeking a direction to the respondent police to produce her daughter by name Dhanalakshmi before this Court, as she was missing from 21.09.2023.
2. This Court earlier passed an order on 08.12.2023 directing the respondent police to produce the detenue before the jurisdictional Magistrate viz., Judicial Magistrate II, Thiruvallur on 11.12.2023. The learned Judicial Magistrate II, Thiruvallur was directed to record statements of the detenue as well as the petitioner and submit a report before this Court.
3. Accordingly, a report has now been filed by the learned Judicial Magistrate II, Thiruvallur indicating that the detenue appears to be very firm in her statement that she wants to live with her husband who had married
her. She also revealed that she is pregnant. It is in the said circumstances, recording the fact that the detenue is a major, the learned Judicial Magistrate II, Thiruvallur has submitted the report.
4. The learned counsel for petitioner submitted that the detenue is now living with a guy, who is already married and having children.
5. The petitioner, on enquiry, stated that her daughter has now been under the custody of the person, who has married her daughter illegally.
6. This Court, having regard to the stand taken by the detenue before the learned jurisdictional Magistrate, is unable to compel her to go with the petitioner, merely because the petitioner's apprehension is that she is living with a person who may not take care of her daughter well in future. Since this Court finds that the detenue is not under illegal custody, the habeas corpus petition stands closed.
Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 13.12.2023 ss
To
1. The Commissioner of Police Near Albert Theatre Next to Pantheon Road Egmore, Chennai
2. The Inspector of Police B5, Manavala Nagar Police Station Thiruvallur 602 002
3. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 13.12.2023