Madras High CourtHCP(MD)/451/2021dismissed

M.Pandiayan v. The Superintendent Of Police

2021-04-09Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.451 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.451 of 2021 M.Pandiyan ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

3.Praveen ... 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 person or body of the Petitioner's daughter namely, Gayathri, daughter of Pandiyan, aged about 23 years old who has been kept under illegal custody of the third respondent before this Court and set her at liberty.

For Petitioner :Mrs.P.Revathi For Respondents :Mr.S.Chandrasekar 1 and 2 Addl. Public Prosecutor For Respondent-3 :Mr.Joseph Jerry

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 1 and 2 to produce the Petitioner's daughter namely, Gayathri, aged 23 years, who is now in the illegal custody of the third respondent, 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.When the matter is taken up for hearing today, the detenue appeared before this Court along with the third respondent. On enquiry, the detenue would state that she married the third respondent on 21.03.2021. She further stated that she is not willing to go with the Petitioner and that she is a major. Hence, we find no merit in the Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.451 of 2021 4.Accordingly, the Habeas Corpus Petition stands dismissed. Sd/- Assistant Registrar (RTI) // 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 Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

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

+1 CC to M/s.A.JOSEPH JERRY, Advocate ( SR-15708[F] dated 09/04/2021 ) H.C.P.(MD) No.451 of 2021 09.04.2021 KUN(CO) TR(28.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2