Vignesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Vignesh ... Petitioner/Brother of the Detenue Vs.

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

2.The Inspector of Police, Kanakiliyanallur Police Station, Trichy District.

3.Velan 4.Arjunan 5.Rajapandi 6.Parmila .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, by directing the 1st and 2nd respondents to

produce the body or person of the petitioner's sister namely Abirami D/o.Sankaran, aged about 18 years from the illegal custody of the Respondents No.3 to 6 before this Court and set her at liberty. For Petitioner : Mr.C.Ezhilarasu For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The present Habeas Corpus Petition is filed seeking direction to the respondents 1 and 2 to produce the body or person of the petitioner's sister, namely, Abirami, aged about 18 years, before this Court and set her at liberty.

2. It is a case of elopement. The petitioner herein, who is the brother of the girl, has filed this petition alleging that the third respondent has enticed his sister and taken her into illegal custody with the assistance of his parents and relatives, who are also arrayed as respondents 4 to 6 in this Habeas Corpus Petition.

3. The respondent Police has traced the petitioner's sister and produced her before this Court today. The petitioner, his father (also the father of the girl) as well as the respondents 3 to 6 are present before this Court. The petitioner's sister states that she has married the third respondent and living with him under one roof along with the respondents 4 and 6 and that she is not in illegal custody of any person.

4. The petitioner's sister, being a major, has taken a conscious decision on her own without any compulsion or threat. Hence, this Court is satisfied with the above statement made by the girl. Accordingly, Habeas Corpus Petition is closed.

(G.J.,J.) (C.K.,J.) 14.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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

2.The Inspector of Police, Kanakiliyanallur Police Station, Trichy District.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 14.03.2024