Madras High CourtHCP(MD)/176/2022dismissed

Abbas Ali v. The Superintendent Of Police

2022-02-10Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.176 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.176 of 2022 Abbas Ali ... Petitioner/Father of the Detenue Vs.

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

2.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram District.

3.Naveen ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body or person of the petitioner daughter namely Absana, Female, D/o.Abbas Ali, aged about 21 years before this Court and set her at liberty.

For Petitioner : Mr.B.Arun For Respondents 1 & 2 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of his daughter Absana, aged about 21 years.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. It is stated that the detenue is studying B.S.C., at Thasima Beevi College, Keelakkarai, Ramanathapuram District. Even in the affidavit, it is stated that the detenue has developed intimacy with one Naveen, S/o.Karuppiah, who is arrayed as third respondent in this petition.

4. Mr.S.Ravi, learned Additional Public Prosecutor, upon instructions, would submit that it is a case of elopement and the detenue is living with said Naveen. Hence, we do not see any case https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.176 of 2022 of illegal detention. As the detenue is a major, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) rm 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, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram District.

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

H.C.P.(MD) No.176 of 2022 10.02.2022 NSN(CO) KB(28.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2