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Madras High CourtHCP/2503/2019closed

Karthisan v. State Rep By

2019-11-26Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman3 pages

H.C.P.NO.2503 of 2019 M.M.SUNDRESH,J.

and RMT. TEEKAA RAMAN,J.

(Order of the Court was made by M.M.Sundresh,J.) The above Habeas Corpus Petition is posted today (03.01.2020) under the caption "for being mentioned" at the instance of the learned counsel appearing for the petitioner.

2.The learned counsel appearing for the petitioner would submit that a mistake has been crept in in the order passed on 26.11.2019 to the effect that "the detenue was present before the Court". 3.The learned Additional Public Prosecutor has filed a status Report of the Inspector of Police, Tiruchendur All Women Police Station, Thoothukudi District and based upon which, he has submitted that the petitioner is very much aware of the factum of marriage of the detenue with the second respondent. Both of them are majors. On the complaint given by the petitioner, an enquiry was conducted. However, neither the petitioner nor her husband turned up for the enquiry. The enquiry made would reveal that the detenue has married the second respondent and Page No.1 of 3

during an enquiry, they have produced their marriage photo and the age proof certificates. Accordingly, the detenue was permitted to go along with the second respondent. The learned Additional Public Prosecutor would further submit that all the parties are living in the same village, which is inclusive of the petitioner.

4.We may note that the confusion has arisen because of nonimpleading of the correct respondent viz.,Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District. 5.From the above, we do not find any illegal detention is involved. Though we have recorded the fact wrongly, in view of the aforesaid facts, the above Habeas Corpus Petition stands dismissed. (M.M.S.,J.) (T.K.R.,J) 03.01.2020 Note: Registry is directed to issue fresh order copy. raa Page No.2 of 3

M.M.SUNDRESH,J.

and RMT. TEEKAA RAMAN,J.

raa 03.01.2020 Page No.3 of 3