T.Ponthilagavathy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA T.Ponthilagavathy ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Thirunagar Police Station, Madurai City.

3.K.Jegan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce in person or the body of the petitioner's daughter namely A.Divya, D/o.Anantharajan (Aged 26), before this Court and set her at liberty.

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For Petitioner : Mr.N.Karthikkanna For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1 & R2.

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2. 2.The petitioner claims that the whereabouts of her daughter are not known. In order to trace her, the present habeas corpus petition has been filed.

3.When the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions submitted that the petitioner's daughter got married to her uncle's son on 18.10.2023 and that it has also been duly registered. Based on the complaint given by the petitioner, the petitioner's daughter as well as son-in-law were summoned to the station premises of Thirunagar Police Station on 06.01.2025. The petitioner's daughter / Divya had given a signed letter indicating that she wants to 2/4

live only with her husband and she does not want to go back to her parents. Divya is now said to be eight months' pregnant. The learned Additional Public Prosecutor specifically submits that the petitioner is fully aware of all these facts and that she has willfully suppressed the same. The wedding photograph as well as the invitation have been produced before us. We are satisfied that it is not a case of illegal detention.

4.This habeas corpus petition is dismissed accordingly. (G.R.S. J.,) & (R.P. J.,) 22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Thirunagar Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 22.01.2025 4/4