A. Sevuga Perumal v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD)No.216 of 2025 A.Sevuga Perumal ... Petitioner/ Father of the Detenue -Vs1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai.

2.State rep by its The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

3.Jegan Kumar ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu namely Abirami daughter of Sevuga Perumal aged about 19 years, before this Court and set at her liberty.

For Petitioner : Mr.V.Karuna For R1 & R2 : Mr.E.Antony Sahaya prabahar Additional Government Pleader For R3 : No appearance

ORDER

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

The father of one Abirami before this Court alleging that his daughter being enticed by the third respondent and he apprehends danger to her life since her whereabouts were not known. In this regard, the petitioner has given a complaint on 12.02.2025 through post alleging that the daughter missing since 07.02.2025.

2.However, on receipt of notice in the Habeas Corpus Petition, the Inspector of Police, Thirukostiyur Police Station, Sivagangai District has enquired and found that on 08.02.2025 the daughter of the petitioner viz., Abirami and one Jegankumar, the third respondent herein, appeared before Pallathur Police Station, Karaikudi, complaining that the petitioner and others are against their marriage. The Pallathur police has informed the father of the detenu had appeared before Pallathur Police Station on 08.02.2025 and gave a written undertaking that he will not object to their marital life of his daughter with Jagankumar.

3.Suppressing the said fact, the present Habeas Corpus Petition is filed as if the petitioner's daughter gone missing.

4.Having fully aware of the fact that the girl has eloped with the third respondent and living with him and they have already married, the present Habeas Corpus Petition is filed. This Court finds that it is clear abuse of all process of law. However, taking into consideration the other facts, the Habeas Corpus Petition is dismissed without imposing any costs.

[G.J., J.] & [R.P., J.] 12.03.2025 NCC : Yes / No Index : Yes / No Ns To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

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

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

Ns H.C.P.(MD)No.216 of 2025 12.03.2025