A.Roja Banu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA A.Roja Banu ... Petitioner / Mother of Detenu Vs.

1.The State of Tamil Nadu represented by its, The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

3.The Inspector of Police, All Women Police Station, Thiruvidamaruthur, Thanjavur District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents herein to produce the body or person of the detenue by name Rabiyath Bajiriya D/o.Mohammed Masuthu aged about 21 years and produce her before this Court and set her at liberty. 1/4

For Petitioner : Mr.S.Gokul For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2. The petitioner is the mother of the detenue. She alleges that her daughter has been brainwashed by the accused. We directed the third respondent to produce the detenue before us through VC mode. The detenue is present in the premises of All Women Police Station, Thiruvidaimaruthur. We had an interaction with her. She made it clear that she had married one Jiyuvudeen Bahavi and that she does not want to go with the petitioner. The detenue is aged about 21 years. We therefore cannot pass any coercive order against her. It is for her to choose her life.

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3. The Habeas Corpus Petition is dismissed.

(G.R.S. J.,) & (R.P. J.,) 30.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To:- 1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

3.The Inspector of Police, All Women Police Station, Thiruvidamaruthur, Thanjavur District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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