Mariappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 07.02.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition (MD) No.82 of 2018 Mariappan ... Petitioner -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

3.Vairamuthu ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents 1 & 2 to secure the detenu, namely, Rajalakshmi, D/o. Mariappan, aged about 23 years from the illegal custody of the 3rd respondent and his associates and produce her before this Honourable Court and set her at liberty.

For Petitioner : Mr.V.Thirumal For R1 & R2 : Mr.C.Ramesh Addl. Public Prosecutor For R3 : Mr.M.Silambarasan For Detenu : Mr.Karthick Subramanian ******

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner has filed this petition, seeking direction to the respondents 1 & 2 to produce his daughter / detenu, namely, Rajalakshmi, aged about 23 years before this Court and set her at liberty.

2. According to the petitioner, his daughter has completed Diploma in Nursing course and has been working in a Private

Hospital at Mukku Road, Alangulam Village. He is in the midst of arrangement of marriage to his daughter and her betrothal function was also over. While so, she was found missing from 23.12.2017 onwards and suspecting the foul play on the part of the third respondent, he lodged a complaint with the 2nd respondent. Since there was no effective steps taken by the respondent police to trace out his daughter, he is before this Court, seeking for the above direction.

3. The learned Additional Public Prosecutor has produced the detenu, namely, Rajalakshmi and the parents and brother of the detenu are present before this Court.

4. On being enquired with the detenu, she has stated that she wanted to marry a person of her choice, which was not accepted by her parents and therefore, she left the parental home and no one kidnapped or abducted her against her will. She has further stated that at present, she is working in Seyad Cotton Mills Limited at Tirunelveli and has been staying in a hostel and she is not inclined to go with her parents.

5. On enquiry with the parents, they are very stubborn in not acceding to the proposal of their daughter and they only wanted assurance from their daughter that hereafter she should not seek any assistance from them and should not claim any right over the property. The detenu also informed the Court that she will neither cause disturbance to them for any purpose nor seek their assistance.

6. The learned counsel on either side urged this Court to close this petition by recording the statements made by the respective parties.

7. In view of the above submissions, this petition stands closed, recording the statements made by the detenu and her parents.

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

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

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

+1cc to Mr.M.Silambarasan, Advocate Sr.No.47107 +1cc to Mr.V.Thirumal, Advocate Sr.No.47104 AR VB/SKN/RSK/SAR4/22.02.2018/3P/6C Habeas Corpus Petition No.82 of 2018 07.02.2018