A.Shanthi Mary v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN Habeas Corpus Petition No.2659 of 2019 A.Shanthi Mary ... Petitioner .. Vs ..

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

2. The Inspector of Police, S-8, Adambakkam Police Station, Adambakkam, Chennai - 600 088.

3. Abdulla

4. Sundari ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the second respondent to produce the body of the detenue R.Esterh daughter of Ravikumar, aged about 20 years, from the illegal custody of the third and fourth respondents before this Court and set her at liberty to forthwith. For Petitioner :

Mr.A.K.Manojkumaar For RR-1 and 2 :

Mr.R.Prathap Kumar, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH,J.] This Habeas Corpus Petition has been filed by the mother of the detenue seeking a direction to the second respondent to produce the body of the detenue namely, R.Esterh, daughter of Ravikumar, aged about 20 years, from the illegal custody of the third and fourth respondents before this Court and set her at liberty forthwith.

2. The petitioner and the detenue are present. The third respondent is also present. The petitioner is the mother of https://hcservices.ecourts.gov.in/hcservices/

the detenue. The detenue, who is stated to be aged about 20 years, has stated that she got converted into Islamic and married the third respondent.

3. Though the petitioner does not dispute the factum of age of the detenue nor her marriage, she has submitted that the detenue will have to be directed to be with her. The petitioner further alleges that she has been manhandled.

4. The detenue has informed us that she is not willing to rejoin the petitioner and she is happy with the third respondent.

5. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that there is no other case pending against the third respondent. Thus, we find that there is no illegal detention involved. The third respondent has also assured that he will not interfere with the petitioner.

6. Accordingly, this Habeas Corpus Petition shall stand closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

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

2. The Inspector of Police, S-8, Adambakkam Police Station, Adambakkam, Chennai - 600 088.

3. The Public Prosecutor, High Court, Chennai.

+2cc to M/s.A.K.Manoj Kumar, Advocate Sr.99756 H.C.P.No.2659 of 2019 vsn Ii[co] srg 27/12/2019 https://hcservices.ecourts.gov.in/hcservices/