Amalajeya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Amalajeya ... Petitioner -vs1.The Superintendent of Police Kanyakumari District At Nagercoil 2.The Inspector of Police Arumanai Police Station Kanyakumari District 3.Anu Albert 4.Ajeev 5.Ambily 6.Albert ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the detenue Jini, daughter of Gnanadhas, aged about 26, before this Court and set her liberty. For Petitioner :Mr.Herold Singh.S.C.

For Respondents :Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2 Mr.M.Karthikeya Venkitachalapathy for R3 & R5

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents to produce her daughter, 1/3

namely, Jini, aged about 26 years, before this Court and set her at liberty.

2. It is the case of the petitioner that the detenue has successfully completed B.D.S.Course and she is now working in a Dental Hospital in Kaliakkavilai, Kanyakumari District and she was found missing from 15.01.2021. In this regard, though a complaint was given and a case was registered, no effective steps were taken by the respondent Police to secure the detenue and hence, this habeas corpus petition.

3. Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner, Mr.M.Karthikeya Venkitachalapathy, learned counsel appearing for the respondents 3 and 5 and perused the materials available on record.

4. Today, when the matter is taken up for hearing, the petitioner as well as the detenue appeared before this Court. On enquiry, the detenue would state that she is a major and she fell in love with the third respondent Anu Albert eight years ago. Since the love affair was not accepted by her parents, she left the parental home on 15.01.2021 and married the third respondent on 08.02.2021 at Indian Puiladelphia Church of God, Mekkamandapam, Veeyanoor B, Thiruvattar, Kanyakumari District and the marriage was also registered on 12.02.2021 by the Registrar of Marriages, Verkilambi, Kanyakumari District. A copy of the marriage registration certificate was produced for perusal of this Court. The detenue would further state that she wants to go with her husband / third respondent herein.

5. In the light of the above statement of the detenue, we find no merit in this habeas corpus petition and the same is therefore dismissed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Krk 2/3

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, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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

+1 CC to Mr.S.C.HEROLD SINGH, Advocate ( SR-6579[F] dated 23/02/2021 ) 22.02.2021 KM (05.03.2021) 3P 5C 3/3