Chandrasekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023 CORAM :

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

1.The Superintendent of Police Superintendent of Police Office Krishnagiri Town, Krishnagiri District.

2.The Inspector of Police Thally Police Station Krishnagiri District.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, to direct the 2nd respondent herein to produce the body or person of the petitioner's daughter by name Hemala @ Hemalatha aged about 18 years before this Court and set her at liberty and restore her to the custody of the petitioner herein.

For Petitioner : Mr.D.Sivashanmugam For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, father of the detenue Hemala @ Hemalatha, has filed the present petition to cause production of his daughter before this Court and to hand over her custody to him.

(2)The case of the petitioner is that his daughter/detenue, a major, was found missing from 31.10.2023 ; that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.316/2023 under ''Woman Missing'' on 01.11.2023.

(3)The learned Additional Public Prosecutor on instructions states that the detenue along with another person, namely, Arumugam, appeared before the Superintendent of Police, Krishnagiri District and reported that, she on her own volition had gone out of her parental home and had married Arumugam on 01.11.2023.

(4)It is in this circumstance, this Court is of the view that it is not a case of illegal detention.

(5)Hence, the 2nd respondent police is directed, within a period of four weeks from the date of receipt of a copy of this order, with due intimation to the petitioner, to produce the detenue Hemala @ Hemalatha before the learned Judicial Magistrate, Denkanikottai, who shall record the statement of the detenue and pass orders.

(6)This Habeas Corpus Petition stands disposed of with the above direction.

[S.S.S.R., J.] [S.M, J.] 22.11.2023 AP Internet : Yes To 1.The Superintendent of Police Superintendent of Police Office Krishnagiri Town, Krishnagiri District.

2.The Inspector of Police Thally Police Station Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 22.11.2023