Subramani v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA H.C.P(MD)No.288 of 2025 and CRL.M.P(MD)No.3698 of 2025 Subramani ... Petitioner/Father of the detenu .Vs.
The State of Tamil Nadu, represented by 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Ambathuri Police Station, Dindigul District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to direct the respondents to produce the person or body of the detenu namely, Sri Kaviya, daughter of Subramani, aged 24 years, before this Court and set her at liberty.
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For Petitioner : Mr.S.Vadivelan For Respondents :Mr.E.Antony Sahaya Prabahar 1 and 2 Additional Public Prosecutor.
O R D E R
DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J The Habeas Corpus Petition is filed seeking a direction to the respondents to produce the person or body of the detenu namely, Sri Kaviya, daughter of Subramani, aged 24 years, 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 Habeas Corpus Petition is filed by the father stating that his daughter by name Sri Kaviya, aged 24 years, had gone missing on the night of 21.01.2025 after taking her dinner. In this connection, the Petitioner has given a complaint to the second respondent Police on 22.01.2025 and a case was registered in Crime NO.18 of 2025 under the caption ''girl missing''Thereafter, 2/6
he received photograph in their mobile phone by image depicting the person by name Karthick tying Thali round his daughter's neck. When this was informed to the second respondent-Police, they did not show any interest in tracing his daughter. Alleging that the second respondent Police had shown an lethargic attitude in acting upon his complaint and fear that whether his daughter is alive or not, the present Habeas Corpus Petition seeking issuance of a Writ of Habeas Corpus is filed.
4.After notice, the second respondent enquired and found that the daughter of the Petitioner has married one Karthick and presently living in Ernakulam.Their marriage is duly registered before the Registrar of Marriages, Guruvayoor Municipality.The detenue Kaviya has also filed an application to implead herself in the Habeas Corpus Petition stating that she fell in love with one Karthick and due to caste diffenence, her parents were not agreeable for the marriage and hence, she left the home and married the said Karthick at Guruvayoor and living with him.
5.Today, when the matter came up for consideration, the Petitioner, his wife 3/6
and son are present. The daughter of the Petitioner Sri Kaviya appeared before this Court through video conferencing.The parents saw their daughter alive appearing in the screen and satisfied that their daughter is alive and gone out of the parental home on her own volition.
6.Considering the fact that the daughter of the Petitioner is a major and duly married with Karthick and their marriage is also duly registered and she is very much alive and appeared before this Court through video conferencing, this Court is of the view that the present Habeas Corpus Petition is not maintainable. 7.In view of the above, the Habeas Corpus Petition is dismissed. Criminal Miscellaneous Petition filed by the detenu to implead herself stands closed. [G.J.,J.] [R.P.,J.] 20.03.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 4/6
To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Ambathuri Police Station, Dindigul District.
Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn ORDER MADE IN H.C.P(MD)No.288 of 2025 and CRL.M.P(MD)No.3698 of 2025 20.03.2025 6/6