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Madras High CourtHCP(MD)/165/2018closed

S. Veerababu v. The Superintendent Of Police

2018-03-07Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.03.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition No.165 of 2018 S.Veerababu ... Petitioner -vs1.

The Superintendent of Police, Madurai District, Madurai.

2.

The Inspector of Police, Alanganallur Police Station, Madurai District 3.

S.Ravi 4.

Ramalakshmi ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, to direct the respondents 1 & 2 to produce the body of detenu Renganayaki D/o.Ravi aged about 23 years daughter of respondents 3 and 4 herein, from their illegal custody, before this Court and set her at liberty.

For Petitioner : Mr.K.Saravanan For Respondents : Mr.K.Dinesh Babu for R1 and R2 Addl. Public Prosecutor Mr.G.Aravindhan for R3 and R4

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner is the husband of the detenu. The detenu, namely, Renganayaki, aged 23 years is the daughter of the respondents 3 and 4. It is alleged that the petitioner and the detenu got married on 09.11.2017 in front of the petitioner's parents and his relatives. While so, after the marriage, the detenu went to her parental home. It is further alleged that the parents of the detenu/respondents 3 and 4 have detained the detenu in their house and restrained the petitioner from seeing her. Thereafter, since the whereabouts of the detenu was not known to the petitioner, https://hcservices.ecourts.gov.in/hcservices/

he has lodged a complaint to the respondent police on 01.02.2018 and since there is no effective steps taken, he is before this Court with this petition.

2.Today, the detenu has been produced by the learned Additional Public Prosecutor through the respondent police. The petitioner and the respondents 3 and 4 are also present before this Court.

3.On being enquired the detenu, she would state that she has been threatened by her father saying that he would commit suicide, in case, the detenu goes along with the petitioner herein and the mother seems to have told her that there would be a case put up against her and her husband, in case, she would live with her husband/petitioner. Except the sister, who would console her, when the detenu was screaming, nobody else came to rescue the detenu and only with the assurance given by the parents that they would make arrangements to perform the marriage of the detenu with the petitioner after sometime, the detenu had been living with her parents and oflate she has lost that hope also. She is afraid of the threat by her parents and other relatives in the family. On further enquiry, she would state that she is willing to go along with the petitioner herein.

4. Recording the statement of the detenu, being a major, she is set at liberty to decide the further course of action, on her own accord. Accordingly, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To:

1.

The Superintendent of Police, Madurai District, Madurai.

2.

The Inspector of Police, Alanganallur Police Station, Madurai District 3.

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

+one cc to Dr.L.J.Soundarajran, Advocate, SR.No.53894 +One cc to Mr.G.Aravindhan, Advocate, SR.No.53478 RR RL/6C/2P/SV/MMS/SAR3/22/3/2018 Habeas Corpus Petition No.165 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 07.03.2018