K.Chellaperumal v. The Superintendent Of Police

H.C.P.(MD) No.408 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.408 of 2021 K.Chellaperumal ... Petitioner -vs1.The Superintendent of Police, Trichy Rural, Trichy District.

2.The Inspector of Police, Somarasampettai Police Station, Srirangam Taluk, Trichy District.

3.K.Satheeshkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents to produce the body of the detenue by name C.Shanmugapriya, aged about 26 years before this Court and set her at liberty. For Petitioner :

Mr.B.Saravanan For R1 & R2 :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the habeas corpus petition is to direct the respondents to produce the petitioner's daughter, namely, C.Shanmugapriya, aged about 26 years before this Court and set her at liberty.

2. The petitioner would state that he married one Shanthi in the year 1989 and during lawful wedlock, they are blessed with three daughters and the detenue is one among them. She would further state that the detenue was married to third respondent on 27.11.2020, but, subsequently, she was found missing from 05.02.2021. Though the second respondent registered a case on the basis of the complaint of the petitioner in Cr.No.131 of 2021, but no action was taken and hence, the present petition has been filed.

3. When the matter is taken up for hearing today, the petitioner and the detenue appeared before this Court through Video Conferencing from the Public Prosecutor Office. On enquiry, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.408 of 2021 detenue would state that she is M.A.B.Ed., graduate and she does not want to live with her husband, the third respondent herein. It is further stated that now she is staying in a hostel at Chennai. 4.In the light of the above statement of the detenue, no further adjudication is necessary in this matter and hence, this habeas corpus petition is closed. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Trichy Rural, Trichy District.

2.The Inspector of Police, Somarasampettai Police Station, Srirangam Taluk, Trichy District.

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

+1 CC to M/s.B.SARAVANAN, Advocate ( SR-14660[F] dated 31/03/2021 ) H.C.P.(MD) No.408 of 2021 30.03.2021 SSS(CO) KB(12.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2