Durai Raj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.306 of 2023 Durairaj .. Petitioner Vs.

State rep. by 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Taluk Police Station, Thanjavur, Thanjavur District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of the detenu, by name, Preethika Mary, daughter of the petitioner (Durairaj) aged about 22 years old, before this Court and set her at liberty.

For Petitioner : Mr.K.Vinayagam For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor Mr.A.Vignesh for detenue

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed for a direction to the respondents 1 and 2 to produce the person or body of the detenu, by name, Preethika Mary, daughter of the petitioner (Durairaj) aged about 22 years old, before this Court and set her at liberty.

2. Pursuant to the notice already been given and also order passed by this Court dated 13.03.2023, today, when the Habeas Corpus Petition was taken up for hearing, the learned Additional Public Prosecutor has submitted that the detenue has been secured and has been produced before this Court.

3. When we enquired the detenue, she claimed that she is a major and she is running 22 years and on her own volition, she married one Siva and the marriage was solemnized in a Church at Chennai in the presence of the

family members of Siva, but not the family members of the detenue including the petitioner and all along the detenue had been with Siva in his matrimonial home, from where, she has been produced before this Court. She also apprehends some life threat from the petitioner's family. Therefore, she needs some police protection. Since she is a major and on her willingness, she married one Siva and she claims to have been in the matrimonial home, we feel that by recording the statement made by the girl, the habeas Corpus Petition may be closed. Accordingly, this petition is closed. The concerned police shall escort the girl to her matrimonial home at Chennai.

(R.S.K.,J.) (K.K.R.K.,J.) 20.03.2023 Index : Yes/No Internet : Yes RR

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Taluk Police Station, Thanjavur, Thanjavur District.

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR HCP.(MD)No.306 of 2023 20.03.2023