P. Gopi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.142 of 2018 P.Gopi : Petitioner Vs

1. The Superintendent of Police, Ramanathapuram,

2. The Inspector of Police, Thoondi Police Station,

3. Jeyasheelan

4. Powlraj

5. Angel Marry : Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the second respondent to produce the body or person of the petitioner's daughter namely Ninar Selvi, D/o.Gopi, aged about 22 years, before this Court and set her at liberty.

For Petitioner : Mr.M.Subash babu For R-1 and R-2 : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J.] This Habeas Corpus Petition has been filed by the father of the detenu seeking direction to the second respondent to produce his daughter namely Ninar Selvi, D/o.Gopi, aged about 22 years, before this Court and set her at liberty.

2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

3.On 08.03.2018, this Court has passed the following order:- "According to the petitioner, his daughter had already

married one Poovendran and the same was duly registered. While so, his daughter found missing from 25.01.2018. Hence, he lodged a complaint with the first respondent for securing his daughter. However, since no effective steps were taken, the petitioner is before this Court.

2.When the matter was taken up for hearing on 26.02.2018, the detenue had stated that she had elopped with the third respondent and wanted to remain with him. Since the detenue is a married women, this Court directed the respondents police to confine the detenue in a home. 3.Today, the detenue is produced by the respondent police from the home. On enquiry, the detenue would state that her husband viz., Poovendran had already married somebody else and therefore, she wanted to live with the third respondent only.

4.To ascertain whether the detenue's husband had married anybody else, this matter is adjourned to 12.03.2018. Till then, the detenue shall be kept in the very same home."

3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the detenu's husband Poovendran did not marry anybody and that detenu would express her willingness to go along with her parents and husband Poovendran. The parents of the detenu would also state that they anticipate some problem on account of the conduct of the respondents 3 to 5.

4.Recording the statements of the detenu and the parents of the detenu, the Habeas Corpus Petition is closed and as the detenu is a major, she is set at liberty. Since the petitioner is having apprehension of problem from the side of the respondents 3 to 5, the police shall ensure protection to the family of the petitioner. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Ramanathapuram,

2. The Inspector of Police, Thoondi Police Station,

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

RJ2 TE/KKR/SAR-1 : 22/03/2018 : 3P/4C H.C.P.(MD)No.142 of 2018 12.03.2018