M.Kumarasamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018
CORAM:
THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P(MD) No.170 of 2018 M.Kumarasamy ... Petitioner -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Shengottai Police Station, Tirunelveli District.
3.S.Ganesan ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 to 2 to produce the body or person of the detenue, namely, Sorna Lakshmi, aged about 27 years, daughter of Ganesan/3rd respondent, who had been illegally detained by the 3rd respondent before this Honourable Court and set her at liberty. For Petitioner : M/s.R.Saraswathi For R1 & R2 : Mr.K.S.Durai Pandian Addl. Public Prosecutor For R3 : Mr.N.Anantha Padmanabhan
O R D E R
[Order of the Court was made by S.VIMALA, J] The petitioner, claiming himself to be the husband of the detenu has filed by this petition, seeking direction to the respondents 1 & 2 to produce the detenu, namely, Sorna Lakshmi, aged about 27 years before this Court and set her at liberty.
2. According to the petitioner, he has been working as Assistant Manager in Karur Vysia Bank at Tenkasi and the detenu has been working as Clerk in Pandian Grama Bank, Neuvayal Branch. It is alleged that both met in a Bank Employees' Conference and fell in love with each other and he subsequently married the detenu by way of exchanging garlands and gold rings as a token of marriage. The third respondent, on coming to know of their marriage, illegally https://hcservices.ecourts.gov.in/hcservices/
detained the detenu and did not allow the detenu to attend the office. Hence, the petitioner preferred a complaint before the 2nd respondent for securing the detenu from the illegal custody of her parents and since there was no effective steps taken on his complaint, he is before this Court, seeking for the above direction.
3. The learned Additional Public Prosecutor has produced the detenu, namely, Sorna Lakshmi and the father of the detenu is also present before this Court.
4. On being enquired with the detenu, she has stated that no one kidnapped or abducted her against her will and at present, she wants to live with her parents and thereafter, she will decide her further course of action.
5. Considering the fact that the detenu is major and the fact that she has shown her inclination to accompany her father at present, she is set at liberty to act as per her own wish.
6. The Habeas Corpus Petition stands closed accordingly. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Shengottai Police Station, Tirunelveli District.
3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.D.Saravanan, Advocate SR.No. 50000 +1cc to M/S.N.Anantha Padmanabhan, Advocate SR.No. 49815 H.C.P(MD) No.170 of 2018 19.02.2018 ar JM/SKN RSK/SAR 4/01.03.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/