Madras High CourtHCP(MD)/230/2018closed

Dhanalakshmi v. The Commissioner Of Police

2018-02-28Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P(MD) No.230 of 2018 Dhanalakshmi ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai District.

3.Raj Kumar ... 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 to produce body or person of detenue / petitioner's daughter, namely, Meenatchi, D/o. Krishnamoorthy, aged about 19 years, before this Honourable court and set her at liberty. For Petitioner : Mr.N.Mohideen Basha For R1 & R2 : Mr.R.Anandha Raj Addl. Public Prosecutor *****

O R D E R

[Order of the Court was made by S.VIMALA, J] This petition has been filed by mother, seeking direction to the respondents to produce her daughter / detenu, namely, Meenatchi, D/o. Krishnamoorthy, aged about 19 years, before this Honourable court and set her at liberty.

2. According to the petitioner, her daughter is doing her second year nursing course at Apollo Nursing College, Nagamalai Pudhukottai and from 04.12.2017 onwards, she was found missing. Apprehending that the third respondent would have kidnapped her https://hcservices.ecourts.gov.in/hcservices/

daughter, she has lodged a complaint with the 2nd respondent police for securing her daughter. Since there was no effective action taken on her complaint, she is before this Court, seeking for the above direction.

3. The learned Additional Public Prosecutor has produced the detenu through the respondent police and the petitioner / mother of the detenu is also present before this Court.

4. On being enquired with the detenu, she has stated that she had not been abducted or kidnapped by anyone and she had left her parental home on her own volition. She has expressed that she may be set at liberty to choose her own way of living.

5. The effort taken by the petitioner / mother to persuade her daughter to come along with her ended in vain and was not fruitful and the detenu was very particular in sticking on to her earlier stand of setting her at liberty.

6. Under such circumstances, considering the fact that the detenu is major, having attained the age of 19 and also the fact that she is not inclined to accompany her mother, she is set at liberty to act as per her own wish. However, it is made clear that the third respondent is directed to ensure the safety of the detenu in the event of the detenu joining him.

7. The Habeas Corpus Petition stands disposed of accordingly.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To:

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai District.

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

Ar RL/4C/2P/KK/SAR1/23/3/2018 H.C.P(MD) No.230 of 2018 28.02.2018 https://hcservices.ecourts.gov.in/hcservices/