N.Kannaiah (Retd Vao) v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN N.Kannaiah ... Petitioner -vs1.The Superintendent of Police, Thanjavur.
2.The Deputy Superintendent of Police, Pattukottai, Thanjavur.
3.The Sub-Inspector of Police, Taluk Police Station, Vendakottai, Pattukottai Taluk, Thanjavur - 614 905.
4.S.Baskar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents No.1 to 3 to produce the daughter of the petitioner namely, Vedanayaki, D/o N.Kannaiah, aged about 26 years, before this Court and set her at liberty, by considering the complaint of the petitioner dated 29.01.2021.
For Petitioner :
Mr.S.Ajmeer Kaja For Respondents :
Mr.K.Dinesh Babu 1 to 3 Additional Public Prosecutor
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the habeas corpus petition is to direct the respondents 1 to 3 to produce the petitioner's daughter namely, Vedanayaki, aged about 26 years before this Court and set her at liberty.
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2.It is the case of the petitioner that he is a retired Village Administrative Officer and he got married one Gomathi @ Periyanayaki on 27.05.1988 and they are blessed with two daughters and a son. It appears that due to matrimonial dispute, in HMOP No.13/1997, the petitioner divorced his wife. It is alleged by the petitioner that the fourth respondent is a politician and by using political influence, he interfered with the life of the petitioner and he used to give ill-advice to his daughter and hence, the detenue is not making phone calls to the petitioner. Hence, he lodged a complaint with the police. Since no effective steps were taken to secure the detenue, he has come up with this petition.
3.When the matter is taken up for hearing today, the petitioner as well as the detenue appeared before this Court. On enquiry, the detenue would state that she is now working in Chennai and she used to talk with her father, the petitioner herein frequently. She also stated that whenever, she visited her father, she stayed with him about a month and hence, on earlier occasions she lost her employment. According to the detenue, she does not know the fourth respondent and she is not being kept illegally by any of the respondents.
4.In view of the above fact, this habeas corpus petition is allowed and the detenue is set at liberty.
Sd/- Assistant Registrar (AD-II) // 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, Thanjavur.
2.The Deputy Superintendent of Police, Pattukottai, Thanjavur.
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3.The Sub-Inspector of Police, Taluk Police Station, Vendakottai, Pattukottai Taluk, Thanjavur - 614 905.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.S.AJMEER KAJA, Advocate ( SR-8486[F] dated 03/03/2021 ) 01.03.2021 VB (15.03.2021) 3P 6C 3/3