Madras High CourtHCP(MD)/240/2021dismissed

V.Mariammal v. The Superintendent Of Police

2021-03-22Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.240 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.240 of 2021 V.Mariammal ... Petitioner -vs1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, M.Kallupatti Police Station, Madurai District.

3.Subbaiyan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents 1 & 2 to produce the person or body of the petitioner's son namely Rajapandi son of Vasimalai, aged about 35 years, before this Court and set him at liberty.

For Petitioner :

Mr.R.Mohanasundaram For R1 & R2 :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This petition has been filed seeking direction to the respondents 1 & 2 to produce the petitioner's son Rajapandi, aged about 35 years before this Court and set him at liberty.

2. The petitioner would state that her son Rajapandi was already married, but, due to difference of opinion, his wife is living separately. Likewise, the third respondent's daughter was also married and she is living away from her husband. So, the third respondent was insisting the detenu to marry his daughter. He is also politically influenced. In such a situation, the petitioner's son is missing from 05.02.2021. Hence, she lodged a https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.240 of 2021 complaint, but no action was taken.

3. When the matter was taken up for hearing, the detenu appeared before this Court through Video Conferencing from the Public Prosecutor Office. On enquiry, he would state that the third respondent is also residing in the same street, but he did not insist the detenu to marry his daughter as alleged by the petitioner. He further stated that for about 10 days, he was away from his house, during that period, this habeas corpus petition has been filed and now he is ready to go with his parents.

4. In the light of the above statement, we find no merits in the habeas corpus petition and hence, this petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) // 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, Madurai District.

2.The Inspector of Police, M.Kallupatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.240 of 2021 22.03.2021 sj(CO) TR(21.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2