Mathi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27.03.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition (MD) No.363 of 2018 Mathi ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

3.Manikandan ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents to produce the body and person of the detenu by name Azhagumeena, D/o.Subramanian, aged 32 years before this Honourable Court and set her at liberty.

For Petitioner : Mr.R.Alagumani For R1 & R2 : Mr.K.Dinesh Babu 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 by name Azhagumeena, D/o.Subramanian, aged 32 years before this Court and set her at liberty.

2. According to the petitioner, she is a Coolie Worker, having two children (son and daughter) and her daughter / detenu is a widow, having two male children. While so, from 09.03.2018 onwards, she was found missing and suspecting that the third respondent (a married person having a new born baby), who was also missing from that date, would have kidnapped the detenu, the petitioner preferred a complaint before the second respondent https://hcservices.ecourts.gov.in/hcservices/

police and since her complaint did not evoke any response, she 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 and the petitioner is also present before this Court. The learned Additional Public Prosecutor has also furnished a copy of the FIR in Crime No.194 of 2018 dated 26.03.2018 registered against the third respondent under Sections 294(b), 498(A) and 506(i) IPC on the basis of the complaint given by the wife of the third respondent and in the FIR, the detenu is arrayed as A2.

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 may be set at liberty to choose her own way of life.

5. Considering the fact that the detenu is major having attained the age of 32 years, this Habeas Corpus Petition is closed and the detenu is set at liberty.

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

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

+1cc to Mr.R.Alagumani, Advocate Sr.No.59360 AR VB/SKN/RSK/SAR4/20.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/ Habeas Corpus Petition (MD) No.363 of 2018 27.03.2018