Maniraja v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Maniraja ... Petitioner -vs1.The Deputy Inspector General of Police Office of the Deputy Inspector General of Police Madurai Range, Madurai 2.The Superintendent of Police Office of the Superintendent of Police Madurai District 3.The Inspector of Police Othakadai Police Station Madurai District 4.Akkini ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 to 3 to produce the body or person of detenu by name Gopika, aged 21 years, wife of Maniraja, before this Court and set her at liberty. For Petitioner :

Mr.Alagumani.R.

For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 to R3 Mr.Veera Kathiravan, Senior Counsel for M/s.Veera Associates for R4

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 to 3 to produce his wife, namely, Gopika, aged 21 years, before this Court and set her at liberty.

2. The petitioner would state that he is working as Driver and he fell in love with the detenue. It is stated that he married

the detenue on 08.02.2021. It is alleged that the detenue was kidnapped by her parents and their henchmen on 11.02.2021 and she is being kept in illegal custody.

3. Heard Mr.R.Alagumani, learned counsel appearing for the petitioner, Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents 1 to 3 and Mr.Veera Kathiravan, learned Senior Counsel appearing for the fourth respondent and perused the materials available on record.

4. Today, when the matter is taken up for hearing, the petitioner, detenue and her father / fourth respondent herein appeared before this Court. On enquiry, the detenue would state that she is a major aged 21 years and she wants to go with the petitioner.

5. In the light of the above statement of the detenue, she is set at liberty and the habeas corpus petition is ordered accordingly.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

krk To:

1.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Madurai Range, Madurai.

2.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

3.The Inspector of Police, Othakadai Police Station, Madurai District.

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

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-5521[F] dated 17/02/2021 ) 16.02.2021 VB (24.02.2021) 3P 6C