Arumugam v. The Superintendent Of Police

H.C.P.(MD) No.262 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.262 of 2021 Arumugam ... Petitioner -vs1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Uppiliyapuram Police Station, Uppiliyapuram, Trichy 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 body or person of the Detenue namely Lavanya, aged about 22 years, Daughter of Arumugam before this Court and set her at liberty.

For Petitioner :

Mr.K.Arunraj 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 this habeas corpus petition for a direction to the respondents to produce his daughter namely, Lavanya, aged about 22 years, before this Court and set her at liberty.

2. The petitioner would state that he married one Shanthi and during the lawful wedlock, they are blessed with a daughter, the detenue herein and a son namely Devamanikandan. The detenue was married one Gopi on 16.05.2016 and he is working in Madurai and they are having a daughter, namely, Sahana, aged about 3 years.

3. The grievance of the petitioner is that from 20th January, 2021 his daughter and grand-daughter are found missing. Therefore, he preferred a complaint before the second respondent on 21.01.2021 https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.262 of 2021 and the same was enquired into, but no effective steps was taken to trace them and hence, he come forward with this petition.

4. When the matter is taken up for hearing, the detenue Lavanya appeared, along with her daughter Sahana, before this Court through Video Conferencing from the Public Prosecutor Office. The petitioner was also present. On enquiry, the detenue states that she was physically and mentally harassed by her husband and hence, she went to Chennai and staying in a ladies hostel. She further stated that she is not willing to go with her father, the petitioner herein.

5. In the light of the above statement, we find no merits in the habeas corpus petition is dismissed.

Sd/- Assistant Registrar (Crl) // 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, Trichy District, Trichy.

2.The Inspector of Police, Uppiliyapuram Police Station, Uppiliyapuram, Trichy District.

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

Order made in H.C.P.(MD) No.262 of 2021 19.02.2021 KUN (CO) SRS (05/03/2021) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2