Madras High CourtHCP(MD)/379/2022dismissed

S.Mohan v. The Superintendent Of Police

2022-03-10Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.379 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.379 of 2022 S.Mohan ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Raghunathapuram Police Station, Pudukottai District.

3.Rangaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the respondents to produce body or person of the detenu Elakkiya, D/o.Rangaraj, aged 21 years before this Court and set her at liberty. For Petitioner : Mr.K.M.Subramaniam For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J The petitioner seeks production of the person of one Elakkiya, aged about 21 years alleging that she is in illegal detention by her father.

2. It is claimed that the girl is in love with the petitioner and therefore, he is entitled to have access to the girl. We do not think that the constitutional remedy of Habeas Corpus Petition is available to such cases.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.379 of 2022

3. The girl is a major. She is living on her own in her parents' house. If there is any illegal detention, he has to approach the police. We do not think that it is a case of illegal custody. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 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, Pudukottai District.

2.The Inspector of Police, Raghunathapuram Police Station, Pudukottai District.

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

H.C.P.(MD) No.379 of 2022 10.03.2022 SAR(CO) KB(24.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2