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Madras High CourtHCP(MD)/228/2021dismissed

T.Vignesh v. The Superintendent Of Police

2021-03-02Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.228 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.228 of 2021 T.Vignesh ... Petitioner -vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District.

3.Govindasamy 4.Chandrasekar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to secure the detenu and produce the body or person of the petitioner's wife Swetha, wife of T.Vignesh, aged 18 years, illegally detained by the 3rd and 4th respondents before this Court and set her at liberty.

For Petitioner :

Mr.K.G.Arunkumar For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor (for R1&2) Mr.Senguttu Arasan (for R3 and the Detenue)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has come forward with this habeas corpus petition for a direction to the respondents 1 and 2 to produce his wife Swetha aged about 18 years before this Court from the illegal detention of the respondents 3 and 4 and set her at liberty. 2.The petitioner would claim that he fell in love with the detenue and the marriage was solemnized on 17.01.2021 at Muthumariamman Temple in Pudukkottai District. It is alleged that the detenue was forcibly taken away by the third and fourth respondents and she is kept under illegal custody by them. 3.Heard Mr.K.G.Arunkumar, learned counsel for the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.228 of 2021 Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents 1 and 2 and Mr.Senguttu Arasan, learned counsel for the third respondent and the detenue.

4.When the matter is taken up for hearing today, the third respondent and the detenue appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, the detenue would state that she is now 19 years old and she is studying first year B.Sc., at Koviloor and she wants to go with her father. She has also stated that she is not illegally detained by the respondents 3 and 4.

5.In the light of the above statement of the detenue, we find no merit in the habeas corpus petition and hence, the same is dismissed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) SKN Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District.

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

Order made in H.C.P.(MD) No.228 of 2021 02.03.2021 MA(CO) SRS (15/03/2021) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2