Syed Abbas v. The Superintendent Of Police

H.C.P.(MD) No.12 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.12 of 2022 Syed Abbas ... Petitioner/ Father of the detenue Vs.

1.The Superintendent of Police, Tiruchirapalli District.

Tiruchirapalli.

2.The State rep. by its Inspector of Police, Manachanallur Police Station, Tiruchirapalli, Tiruchirapalli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the second respondent to produce the petitioner's daughter Haleema, aged about 20 years before this Court and set her at liberty. For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The prayer in the Habeas Corpus Petition is to direct the respondents to produce the petitioner's daughter namely, Haleema, aged about 20 years before this Court and set her at liberty. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is stated by the learned Additional Public Prosecutor that the detenue has married one Vignesh on her own and their marriage was solemnized on 24.02.2021 and now residing at Coimbatore as husband and wife and she is in advanced stage of pregnancy. 4.When the matter is taken up for hearing today, the detenue namely, Haleema, appeared through Video Conferencing, which https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.12 of 2022 was identified by Head Constable Raja / Respondent Police, who also appeared through virtual hearing. On enquiry, she categorically stated that she married one Vignesh on her own. The said statement has been recorded.

5.In the light of the above statement, we do not find any illegal custody. It is open to the petitioner to visit her daughter after the child is born, according to her convenience and made it clear that the victim girl has married on her own, the petitioner shall not disturb or interfere with their marital life.

6. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Tiruchirapalli District.

Tiruchirapalli.

2.The Inspector of Police, Manachanallur Police Station, Tiruchirapalli, Tiruchirapalli District.

Copy to:

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.12 of 2022 07.02.2022 MGJ(21.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2