Madras High CourtHCP(MD)/1014/2015dismissed

S.Raja Sadhasivam v. The Superintendent Of Police

2015-08-04Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1014 of 2015 S.Raja Sadhasivam .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

3.R.Vimal .. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents to produce the body of the petitioner's daughter namely R.Rajashree, aged about 20 years before this Court and set her at liberty. For Petitioner : Mr.N.Sivakumar For Respondents : Mr.K.S.Duraipandian, Addl.Public Prosecutor for RR.1 & 2 : No appearance for R.3

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one R.Rajashree (the detenue herein). According to the petitioner, from 07.10.2014 onwards, she has been found missing and as a matter of fact, she has been kept under illegal custody of the third respondent. With these allegations, the petitioner has come up with this Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the matter was taken up, the 2nd respondent has produced the detenue, viz., R.Rajashree. Admittedly, she is aged 20

years. According to her, her date of birth is 16.09.1994. On enquiry, she would state that on her own volition, she has married the third respondent on 07.10.2014 and she has been now happily living with him as his wife. The said statement is recorded.

3. In view of the same, no further order is required and the Habeas Corpus Petition is dismissed with liberty to the detenue to choose her own way of living.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

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

+1cc to M/S. N.Sivakumar,Advocate in SR.No 44798 TS/19.08.2015/2P - 5C KBM/SAR -II ORDER MADE IN H.C.P(MD)No.1014 of 2015 04.08.2015 https://hcservices.ecourts.gov.in/hcservices/