Madras High CourtHCP(MD)/287/2024dismissed

Menaka v. The Superintendent Of Police

2024-03-05Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Menaka ... Petitioner/ Mother of the Detenue Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3.The Inspector of Police, Nagudi Police Station, Pudukottai District.

4.P.Mohan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondents 1 to 3 to produce the body or person of the detenue/the petitioner's daughter namely

K.Gunashree, D/o.Kalimuthy, aged about 20 years before this Court and set here at liberty.

For Petitioner : Mr.K.Khari Kharadas For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

This petition is filed by the mother of the 20 years old girl, namely, K.Gunashree alleging that her daughter studied B.Sc., (Agri) and went for preparing TNPSC examination on 20.02.2024 but gone missing. Since the police is unable to trace her, this petition is filed on 26.02.2024.

2. Meanwhile, the daughter of the petitioner, who had love with one Mohandas, had married him in Samayapuram Temple on 01.02.2024. Knowing that the complaint being lodged by her mother, both the daughter

of the petitioner and the said Mohandas had gone to the Kottai Police Station, Trichy. The Inspector of Police, Kottai Police Station had informed the petitioner herein and the petitioner, after knowing that her daughter is safe, has withdrawn the complaint and given a statement to that effect.

3. The daughter of the petitioner is present before this Court today. On perusal of the CD file and on enquiry with the girl K.Gunashree/daughter of the petitioner, this Court finds that it is a case of elopement by the major girl and there is no suspicion of any illegal custody. Hence, this Habeas Corpus Petition is dismissed. (G.J.,J.) (C.K.,J.) 05.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To

1.The Superintendent of Police, Pudukottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3.The Inspector of Police, Nagudi Police Station, Pudukottai District.

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

DR.G.JAYACHANDRAN,J.

and

C.KUMARAPPAN,J.

cp 05.03.2024