Devasahayam v. The Superintendent Of Police

H.C.P.(MD) No.364 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.364 of 2021 Devasahayam ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the 2nd respondent to produce person or body of the petitioner's daughter, namely Soniya, daughter of Devasahayam, aged about 22 years, before this Court and set her at liberty.

For Petitioner :

Mr.S.Ayyanar Prem Kumar For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] Heard Mr.S.Ayyanar Prem Kumar, learned counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

2. The petitioner has come forward with this habeas corpus petition for a direction to the second respondent to produce the petitioner's daughter, namely, Soniya, aged about 22 years, before this Court and set her at liberty.

3. The petitioner would state that he is working in Bricklin as daily wager and he is having one son and one daughter, the detenue herein. It is further stated that the detenue was found missing from 16.01.2021 and hence, he lodged a complaint with the second respondent on 17.01.2021. Though, the case was registered in Cr.No.23 of 2021, no action was taken to secure the detenue and hence, the present habeas corpus petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.364 of 2021

4. When the matter is taken up for hearing today, the detenue Soniya appeared along with one Suriya before this Court through Video Conferencing from the Public Prosecutor Office. She would state that she married the said Suriya on 17.01.2021 in his house and now, they are living together happily.

5.In the light of the above statement, we find no merit in the habeas corpus petition and hence, the same is dismissed. No costs. Sd/- Assistant Registrar (records) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

(ii) 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, Office of the Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

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

+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-14214[F] dated 29/03/2021 ) H.C.P.(MD) No.364 of 2021 29.03.2021 VR(CO) KB(15.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2