G.Shanmugathai v. The Superintendent Of Police
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 G.Shanmugathai ... Petitioner -vs1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.
3.The Inspector of Police, Sangilingapuram Police Station, Thoothukudi District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents to produce the detenu or body of the detenu namely, the petitioner's daughter ie., Karthika, aged about 20 years, daughter of Late.Ganesan before this Court and set her at liberty forthwith. For Petitioner :
Mr.P.Balamurugan For Respondents :
Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has come forward with the habeas corpus petition seeking direction to the respondents to produce the petitioner's dauther, namely, Karthika, aged about 20 years, daughter of Late.Ganesan before this Court and set her at liberty forthwith.
2. The petitioner would state that she is having two children, namely, Karthika, aged about 20 years and Karthikeyan aged about 10 years and her husband passed away. She also stated that she is a 1/3
Coolie and the detenue has completed 12th standard and she was found missing from 02.02.2021 and hence, she lodged a complaint on the very next day.
3. The grievance of the petitioner is that though the third respondent registered a case, but no action was taken to secure the detenue and hence, the present habeas corpus petition has been filed.
4. When the matter was taken up for hearing today, the petitioner, the detenue and one Thanikachalam appeared before this Court through Video Conferencing from the Public Prosecutor Office. On enquiry, the detenue would state that she married the said Thanikachalam on 08.02.2021 at Chidambaram and she wants to go with him, but not with the petitioner. It is further stated that she is not illegally detained by any one.
5. In the light of the above statement, this habeas corpus petition is disposed of. The detenue is set at liberty. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) am 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, Thoothukudi District, Thoothukudi.
2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.
3.The Inspector of Police, Sangilingapuram Police Station, Thoothukudi District.
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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
02.03.2021 NS(CO) KK(12.03.2021) 3P 5C 3/3