B.Elangorajan @ B.Ilangovan v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR B.Elangorajan @ Ilangovan .. Petitioner / Father of the Detenue Vs.
1.The Commissioner of Police, O/o. Commissioner of Police, Madurai City.
2.The Inspector of Police, Thirupparankundram Police Station, Madurai District.
(Crime No.623 of 2023).
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents herein to produce the body or person of detenue by name E.Ishwarya, D/o.Elangorajan @ Ilangovan, aged about 19 years, before this Court and set her at liberty.
For Petitioner : Mr.S.S.Sundarapandian For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The Habeas Corpus Petition has been filed by the father of the alleged detenue seeking production of his daughter before this Court.
2. It is the case of the petitioner that his daughter, namely, E.Ishwarya, aged about 19 years, who was studying B.A., in Mannar College, Pasumalai, was found missing on 24.11.2023 and based on his complaint, a case in Crime No.623 of 2023 was registered by the second respondent Police. Since no further action has been taken, this Habeas Corpus Petition has been filed.
3. When the matter came up for admission on 02.02.2024, the learned Additional Public Prosecutor took notice on behalf of the respondents and thereafter, it has been listed before this Court on 13.03.2024.
4. Today, when the matter is taken up for hearing, the second respondent has produced the girl before this Court. The parents of the girl, namely, the petitioner and his wife are also present before this Court. We
enquired the alleged detenue, Ishwarya. She submitted that she left the parental home with her childhood friend one Ponmanikandan from the same locality and that she got married to him in a temple at Chennai. She expressed that she is not ready to go along with her parents alleging that she may be forcibly given in marriage to some other person.
5. The said Ponmanikandan and his parents, Manikkam and Jansirani, are also present before this Court. His parents submitted that they were aware of their son marrying the alleged detenue and that they have no objection in taking them into their family fold.
6. The girl is aged about 19 years. On enquiry, it is found that she is not in illegal detention and that she expressed her willingness to go along with the said Ponmanikandan, whom she claims to have married. Recording the same, the Habeas Corpus Petition stands closed. (A.D.J.C.,J.) (K.R.S.,J.) 15.04.2024 NCC : Yes / No Index : Yes / No Lm
To 1.The Commissioner of Police, O/o. Commissioner of Police, Madurai City.
2.The Inspector of Police, Thirupparankundram Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA,J.
and K.RAJASEKAR,J.
Lm 15.04.2024