Gunasekaran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN H.C.P.(MD)No.266 of 2023 Gunasekaran .. Petitioner / Father of the Detenu Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thirupparankundran Police Station, Madurai District.

3.Sonai .. Respondents 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 petitioner's daughter either person or body of daughter namely Selvi G.Santhi, aged about 20 years before this Court and set at her liberty.

For Petitioner :Mr.Aayiram K Selvakumar For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

DR G.JAYACHANDRAN,J.

and K.K. RAMAKRISHNAN,J.

Mr.Gunasekaran, who is the father of Santhi, has given a complaint to the respondent police alleging that his daughter was pursuing B.Sc. (Nutrition) second year at Fathima College, Madurai, gone missing since 23.01.2023. A complaint has been given on the same day, which has been registered in Crime No.57/2023 as 'Woman Missing', but till date the respondent police has not searched his daughter and hence, the Writ of Habeas Corpus Petition is filed by him seeking production of his daughter viz., Shanthi, aged about 20 years old.

2.The respondent police, pursuant to the said complaint, had formed a team and found that the said Santhi has eloped to marry her lover, by name Sonai Pandi on 26.01.2023 in a village Temple at Maduravayal, the

marriage has been solemnized and they have given an application for registration of their marriage at Sub-Registrar Office, Thiruparankundram, on 01.03.2023 and the registration is yet to be done. 3.On collecting this facts, the police has produced the girl before this Court today. This Court enquired the girl and she stated that voluntarily she has gone with Sonai Pandi and they are now living as husband and wife, after the marriage solemnized on 26.01.2023.

4.In view of the above fact, this Habeas Corpus Petition is closed. (G.J.,J.) (K.K.R.K.,J.) 02.03.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No

DR G.JAYACHANDRAN,J.

and K.K. RAMAKRISHNAN,J.

Ns To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thirupparankundran Police Station, Madurai District.

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

H.C.P.(MD)No.266 of 2023 02.03.2023