Jaya @ Jayalakshmi v. The Commissioner Of Police
H.C.P.(MD) No.407 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.407 of 2021 Jaya @ Jayalakshmi ... Petitioner/Mother of the detenue -vs1.The Commissioner of Police, Tiruchirappalli District, Tiruchirappalli.
2.The Inspector of Police, Gandhi Market Police Station, Tiruchirappalli District.
3.V.Ramar ... Respondents PRAYER: 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 body and person of the detenue named M.Poonjothi, daughter of Muthu, aged about 18 years, from the alleged custody of the third respondent before this Court and set her at liberty.
For Petitioner :
Mr.R.Sevugaraja For Respondents :
Mr.S.Ravi, 1 and 2 Standing Counsel for the State For the detenue :
Mrs.Gayathri
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed seeking for a direction to the respondents 1 and 2 to produce the Petitioner's daughter namely, M.Poonjothi, daughter of Muthu, aged about 18 years, from the illegal custody of the third respondent and set her at liberty.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.407 of 2021 3.The Petitioner would claim that her daughter, the detenue herein has completed her Higher Secondary study and she was found missing from 27.2.2021. Immediately she visited the third respondent, who was also found missing. Hence, she lodged a complaint with the second respondent on 28.2.2021. Since no effective steps were taken to secure the detenue, the present Habeas Corpus Petition has been filed.
4.The detenue Poonjothi appeared before this Court through video-conferencing along with her Advocate Mrs.Gayathri. On enquiry, the detenue would state that she is now aged about 19 years and she has married her uncle's son V.Ramar, the third respondent herein on 26.2.2021 at a Pillaiyar Koil at Perambalur and they are living together. She would further state that she is not willing to go with her mother.
5.Recording the above statement made by the detenue, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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 Commissioner of Police, Tiruchirappalli District, Tiruchirappalli.
2.The Inspector of Police, Gandhi Market Police Station, Tiruchirappalli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN H.C.P.(MD) No.407 of 2021 30.06.2021 SSS(CO) TR(09.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2