Anushapathy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.03.2024

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN H.C.P.(MD) No.306 of 2024 Anushapathy ... Petitioner/mother of the detenue -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the respondents 1 and 2 to secure and produce the body or peson of the detenue namely Anshi, daughter of Aranganathan, aged about 19 years, and produce her before this Court and set her at liberty. For Petitioner :

Mr.A.Rajaram 1/6

For Respondents :

Mr.RMS.Sethuraman, Addl.Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

This habeas corpus petition has been filed by the mother of the detenue seeking for a direction to the respondents 1 and 2 to secure and produce the body or peson of the detenue namely Anshi, daughter of Aranganathan, aged about 19 years, and produce her before this Court and set her at liberty.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The girl, who is 19 years, pursuing Ist year B.E at Anna University, Constituent College, Tirunelveli, is the daughter of the Petitioner. Alleging that her daughter is missing and that she has been enticed by her maternal uncle, the present Habeas Corpus Petition is filed.

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4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor submitted that the respondents-Police has traced the missing girl. Both the missing girl as well as Anand, the maternal uncle of the missing girl are present before this Court. Both got married and from the interaction with the missing girl, this Court finds that she is in sound mind and clear in her action and on her own, she has taken the decision to take steps to marry the maternal uncle and the marriage has also been solemnized in a temple. 5.In view of the above fact, this Court is of the view that it is not a fit case to entertain the same as a Habeas Corpus petition. Accordingly, the Habeas Corpus Petition stands dismissed. [G.J.,J.] [C.K.,J.] 07.03.2024 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To:

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1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

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

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DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

vsn ORDER MADE IN H.C.P.(MD) No.306 of 2024 5/6

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