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Madras High CourtHCP(MD)/101/2021dismissed

K.Vijayakumar v. The Superintendent Of Police

2021-01-29Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.101 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.101 of 2021 K.Vijayakumar ... Petitioner/ Father of Detenue -vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, All Women Police Station, Mananmadurai, Sivagangai District.

3.Suthagaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce petitioner's daughter namely, Geetha aged 19 years or her body before this Court and set her at liberty. For Petitioner :

M/s. Jerin Mathew.M For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has come forward with this habeas corpus petition seeking a direction to the respondents to produce his daughter namely, Geetha, aged about 19 years before this Court and set her at liberty.

2.The petitioner would state that his daughter, the detenue herein is studying 3rd year B.Sc., at Coimbatore and she is a bright student. It is further stated that she studied at Manamadurai Government Girls High School and scored 490 marks out of 500 and 1050 marks out of 1200 at Secondary Level and Higher Secondary Level respectively. It is alleged that from 18.09.2020 onwards, she could not be seen and she was abducted by the third respondent. Hence, he lodged a complaint with the second respondent. Since no effective action has been taken to secure the detenue, this habeas corpus petition.

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H.C.P.(MD) No.101 of 2021 3.When the matter is taken up for hearing today, the petitioner, the detenue and the one Suthagaran appeared before this Court through video conferencing. On enquiry, the detenue would state that she married the said Suthagaran on 18.09.2020 at Manamadurai and presently both are residing at Tiruppur. She would further state that she is not willing to go with her parents. 4.In the light of the above statement, we find no merits in this habeas corpus petition and hence, the same is dismissed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Skn 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, All Women Police Station, Mananmadurai, Sivagangai District.

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

H.C.P.(MD) No.101 of 2021 29.01.2021 VB (08.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2