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Madras High CourtHCP/2131/2025closed

Govindaraj v. The Commissioner Of Police

2025-10-25Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Govindaraj S/o.Ramasamy, Vedukathtampatti, MGR nagar, Santhaikkadu, Salem District Petitioner(s) Vs 1.The Commissioner of Police Salem, Salem City 2.The Inspector of Police Kondalampatti Police station, Salem District 3.Karthick S/o.Murugan Vedukaththampatti, MGR Nagar, Santhaikkadu, Salem District Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to produce the petitioner's daughter Rajeswari, D/o.Govindaraj, aged about 19 years, from the custody of the

third respondent, before this Court and set her at liberty. For Petitioner(s):

Mr.R.Sankarasubbu For Respondent(s): Mr.A.Damodaran Additional Public Prosecutor assisted by Ms.Arifa Thasneem

ORDER

(Made by N.Sathish Kumar, J.) This habeas corpus petition has been filed seeking a direction to produce the petitioner's daughter Rajeswari, D/o.Govindaraj, aged about 19 years, from the custody of the third respondent, before this Court and set her at liberty.

2.

It is the case of the petitioner that he is a disabled person with 80% blindness on both eyes, taking advantage of which, one Karthik/third respondent herein, developed relationship with his daughter viz. Rajeswari, aged about 19 years and kidnapped her; in this regard, he has lodged a complaint before the second respondent/police in C.S.R.No.305 of 2025 on 30.08.2025, however, the police are not taking effective steps to secure his daughter and hence, he has preferred the present habeas corpus petition.

3.

On instructions, the learned Additional Public Prosecutor submitted that Rajeswari/daughter of the petitioner married Karthik/third respondent, on her own will and she has also appeared before the second respondent/police and gave statements that she has married Karthik on her own volition and she is residing with him. He also produced a copy of the statement before this Court.

4.

Taking into consideration the fact that the petitioner's daughter is a major and she has voluntarily left the house and married a person of her choice, it cannot be stated that Rajeswari is in the illegal custody of anyone for the issuance of a writ of habeas corpus.

Hence, this habeas corpus petition stands closed. (N.S.K., J.) (M.J.R., J.) 25-10-2025 nsd

To 1.The Commissioner of Police Salem, Salem City 2.The Inspector of Police Kondalampatti Police station, Salem District

N.SATHISH KUMAR, J.

and M.JOTHIRAMAN, J.

nsd

25.10.2025