Balasubramaniyan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.03.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition (MD) No.359 of 2018 Balasubramaniyan ... Petitioner -vs1.The Commissioner of Police, O/o.The Commissioner of Police, Madurai.

2.The Assistant Commissioner of Police, Thilagar Thidal Police Station, Madurai.

3.The Inspector of Police, Thilagar Police Station, Madurai.

... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents to produce the body or person of the detenue Priyanka daughter of Balasubramaniyan aged about 21 years before this Honourable Court and set her liberty.

For Petitioner : Mr.V.Muthumani For R1 to R3 : Mr.K.Dinesh Babu Additional Public Prosecutor ******

O R D E R

(Order of the Court was made by S.Vimala,J.,) This petition has been filed by father, seeking direction to the respondents to produce his daughter / detenu, namely, Priyanka, D/o.Balasubramaniyan, aged about 21 years before this Court and set her liberty.

2. According to the petitioner, he has got four daughters, out of whom, the detenu is the 4th daughter and she has been working in a Xerox Shop. While so, on 14.02.2018, the petitioner received a phone call from the detenu simply saying that she already married a person and thereafter, the phone got switched off. Since his efforts in tracing out his daughter ended in vain, he preferred a complaint https://hcservices.ecourts.gov.in/hcservices/

before the third respondent and pursuant to the inaction on the part of the respondent Police, he is before this Court with the above prayer.

3. The learned Additional Public Prosecutor has produced the detenu before this Court with the help of Police. The parents and sisters of the detenu are also present in this Court.

4. On being enquired with the detenu, she has stated that she has not been abducted by anyone and she had voluntarily left her parental home. She has further stated that she is now inclined to accompany her parents.

5. Considering the fact that the detenu is major having attained the age of 21 years and also the fact that she is desirous to accompany her parents, she is set at liberty to act as per her own wish.

6. The Habeas Corpus Petition stands closed accordingly. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

1.The Commissioner of Police, O/o.The Commissioner of Police, Madurai.

2.The Assistant Commissioner of Police, Thilagar Thidal Police Station, Madurai.

3.The Inspector of Police, Thilagar Police Station, Madurai.

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

AR TE/KK/SAR-3 : 23/04/2018 : 2P/5C Habeas Corpus Petition (MD) No.359 of 2018 26.03.2018 https://hcservices.ecourts.gov.in/hcservices/