G.Thangam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.135 of 2023 G.Thangam .. Petitioner Vs.

1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

3.P.Sooryaprakash .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent herein to produce the body or person of the detenue namely Monisha aged about 22 years daughter of Gopalsamy before this Court and set her at liberty. For Petitioner : Mr.S.Karunanithi For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to produce the body or person of the detenue namely Monisha aged about 22 years daughter of Gopalsamy before this Court and set her at liberty. 2.Today when the Habeas Corpus Petition is taken up for hearing, the learned Additional Public Prosecutor would submit that the detenue has been secured and she has been produced before this Court.

3. When we enquired the girl, she stated that she left home on 05.09.2022 along with the third respondent as he fell in love with him and with an intention to marry him, on 06.09.2022, she claimed to have married the third respondent at Nagapattinam in a Temple. Thereafter she claimed that both were residing together and by virtue of this petition, she was brought before this Court. She also submitted that she does not want to go with the petitioner or her father, ie. the parents and she wants to go with the

third respondent as well as the family members of the third respondent, ie., her in-laws.

4. The detenue is a major, who claimed to have married the third respondent on 06.09.2022, at a temple and she wants to go with him only and she does not want to go with the petitioner. In view of the same, since the detenue is not in the illegal custody, we are inclined to close this petition.

5. Accordingly, this Habeas Corpus Petition is closed. (R.S.K.,J.) (K.K.R.K.,J.) 27.03.2023 Index : Yes/No Internet : Yes RR

To 1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR HCP.(MD)No.135 of 2023 27.03.2023