S.Sakthi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2967 of 2024 S.Sakthi ...

Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Kanchipuram, Kanchipuram District.

2. The Deputy Superintendent of Police, Sriperumpudur, Kanchipuram District.

3. The Inspector of Police, Oragdam Police Station, Kanchipuram District.

4. Kushal Gowda ...

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the petitioner's daughter S.Kavya, Female aged about 20 years before the Court from the illegal custody of the 4th respondent and set her liberty.

For Petitioner : Mr. D.Jagadeesan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor for R1 to R3 Mr.J.Dinesh Kumar and Ms.S.Priyadharshini for Mr.E.Kannadasan for R4

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Habeas Corpus has been instituted to direct the respondents 1 to 3 to produce the petitioner's daughter S.Kavya aged about 20 years. 2.The respondent police secured the detenue and produced before this Court. We have examined the detenue, the petitioner and the 4th respondent. The detenue is educated and capable of understanding what is good and bad for her life. She is capable of taking decisions independently. She has made a submission that she got married with the 4th respondent with the permission of the parents of the 4th respondent. The 4th respondent and the detenue are living as husband and wife at Bangalore. The detenue is not willing to meet her parents and expressed her willingness to continue in the matrimonial home with the 4th respondent. Since the

detenue is aged about 21 years and already married the 4th respondent, she is not under illegal detention and therefore, the present Habeas Corpus petition stands dismissed.

[S.M.S., J.] [M.J.R., J.] rka 27.11.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To 1.The Superintendent of Police, Office of the Superintendent of Police, Kanchipuram, Kanchipuram District.

2. The Deputy Superintendent of Police, Sriperumpudur, Kanchipuram District.

3. The Inspector of Police, Oragdam Police Station, Kanchipuram District.

4.The Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

rka H.C.P.No.2967 of 2024 27.11.2024