M.Amutha @ Anna Lakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Amutha @ Anna Lakshmi .. Petitioner/ Mother of the Detenue Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, SIPCOT Police Station, Thoothukudi.

3.Santhanam 4.Sugesh .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents to produce a person or body of the petitioner's daughter namely the detenue by name M.Durga Devi D/o.Murugan (aged 22 years) before this Court and set her at liberty forthwith.

For Petitioner : Mr.S.Ashok For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The present Habeas Corpus Petition is filed by the mother of 22 years old girl, alleging that her daughter has eloped with the third respondent, who is none other than the paternal uncle of the petitioner and that they are having cordial relationship, which is prohibited under the Hindu law.

2. After notice, the respondent Police has secured the petitioner's daughter and the third respondent, with whom the petitioner's daughter is alleged to be living. The matter was referred to mediation by our predecessor.

3. The scope of the Habeas Corpus Petition is to produce the body or person of the detenue, if they are under any illegal custody. Now from the enquiry with the parties, this Court is convinced that the petitioner's

daughter is not under any illegal custody. She is alive and on her own, she is with the third respondent. Hence, the Habeas Corpus Petition is closed. However, the disposal of the Habeas Corpus Petition shall not stand in the way of any progress in the mediation proceedings, which has already been referred to by this Court.

(G.J.,J.) (C.K.,J.) 22.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, SIPCOT Police Station, Thoothukudi.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 22.02.2024