D.Padayathal v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2684 of 2019 D.Padayathal W/o.Dhanraj ... Petitioner Vs 1.The Inspector of Police, Thuraippakam Police Station, Thuraippakam, Chennai - 600097.

2.M.Sivaraj S/o.Mani 3.Mani F/o.Sivaraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing first respondent to take necessary action against respondents 2 and 3 in getting the release of petitioner's daughter Mrs.M.Shanbagavalli W/o.Mohandass, aged about 26 years and petitioner's grand daughter Miss.M.Dhejaswini D/o.Mohandass, aged about 4 years, who are in illegal custody of respondents 2 and 3 and produce them before this Court and set them at liberty. For Petitioner : Mr.A.Ramesh Manikandan For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor [R1] ***** 1/3

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner has filed the present petition seeking a direction to first respondent to produce her daughter Mrs.M.Shanbagavalli W/o.Mohandass, aged about 26 years and grand daughter Miss.M.Dhejaswini D/o.Mohandass, aged about 4 years, who are in illegal custody of respondents 2 and 3 and set them at liberty.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for first respondent.

3. Learned counsel for petitioner submits that the second respondent was engaged to do some alteration work at petitioner's house for one week and during such time, he developed illegal intimacy with the detenue M.Shanbagavalli. Subsequently, the said detenue eloped with him. Petitioner has given a complaint to first respondent. Since no action was taken, the present petition has been filed seeking the aforesaid relief.

4. Today, the detenues are produced before this Court. We enquired the detenues as well as the petitioner. Detenue M.Shanbagavalli expressed her willingness to go along with the petitioner/her mother along with her child. In the aforestated circumstance, nothing survives for further adjudication in the present petition.

Accordingly, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gm 2/3

To 1.The Inspector of Police, Thuraippakam Police Station, Thuraippakam, Chennai - 600097.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Ramesh Manikandan Advocate sr1640 H.C.P.No.2684 of 2019 aa05/02/2020 3/3