Guruvammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Guruvammal ... Petitioner/Mother of Detenue -vs1.The State Rep.by its Superintendent of Police Madurai District, Madurai 2.The Inspector of Police Thirumangalam Taluk Police Station Madurai District 3.Muneeswaran @ Maha Muneeswaran 4.Navaneethan @ Sooriyan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents Nos.1 to 2 to produce the body or person of the detenue namely Valarmathi, daughter of Alagarsamy (Late), aged about 18 years, before this Court from the illegal custody of the respondents Nos.3 and 4 and set her at liberty.

For Petitioner :

Mr.Gowrishankar.R For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2

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 1 to 2 to secure her daughter, namely,

Valarmathi, daughter of Late.Alagarsamy, aged about 18 years, from the illegal custody of the respondents 3 and 4, produce her before this Court and set her at liberty.

2. The petitioner would claim that her husband died leaving behind her and two children, one among them is the detenue herein. The petitioner would further state that the detenue was born on 21.01.2003 and when she was studying first year B.A. Social Science in VVV.College at Virudhunagar, she was found missing from 09.01.2021. Even though the petitioner lodged a complaint with the second respondent and the same was registered in Crime No.7 of 2021, under "Girl Missing", but no action was taken to secure the detenue and hence, she made a representation on 18.01.2021 to the Inspector General of Police, South Zone, Madurai and the first respondent herein. Even then, the detenue could not be found out and hence, this habeas corpus petition.

3. Today, when the matter is taken up for hearing, the petitioner as well as the detenue appeared before this Court through Video Conferencing from the Office of the Public Prosecutor.

4. On enquiry, the detenue would state that she has become major and she married the third respondent Muneeswaran @ Maha Muneeswaran on 03.02.2021 in a Murugan Temple at Aandankudi, Sivagangai District. She would further state that the third respondent is also a native of the same Village and she is not willing to go with her mother / petitioner herein.

5. In the light of the above statement of the detenue, the habeas corpus petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

krk To:

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

05.02.2021 NA(CO) KK(19.02.2021) 3P 4C