M.Paneerselvam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2015
CORAM:
THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1489 of 2015 M.Paneerselvam .. Petitioner Vs.
1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Tiruppathur Town Police Station, Sivagangai District.
3.Kalidass 4.Muthukumar .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the body or person of the petitioner's daughter namely Pandiselvi, W/o.Periyasamy, aged about 26 years and minor granddaughter namely Pandeeswari D/o.Periyasamy, aged about 3 years before this Court and set them at liberty.
For petitioner : Mr.B.Jameel Arasu For respondents : Mr.R.Ramachandran, Additional Public Prosecutor
ORDER
******** (Order of the Court was made by P.R.SHIVAKUMAR, J) Paneerselvam, father of the missing woman Pandeeswari, aged about 26 years, has come forward with the present Habeas Corpus Petition for the production of the person of Pandiselvi and her daughter Pandeeswari, aged about 3 years.
2.Pandiselvi, along with her girl child Pandeeswari, was secured by the Police some where at Ooty and she has been produced before us today. The petitioner Paneerselvam, along with his counsel, is present. Periyasami, the husband of Pandiselvi, is also present.
https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor, on instructions from the respondents 1 and 2, submits that Pandiselvi was found at
a resort at Ooty along with the third respondent and was brought before this Court by the Police.
4.On enquiry, Pandiselvi submits that she went to Jaipur to see her friend along with the third respondent and when they came to Ooty, they were caught by Police and she has been thus produced before this Court. Be that as it may, Pandiselvi submits that she, on her own volition, went to Jaipur and Ooty and still, she would like to go with Periyasamy, her husband. Periyasamy, her husband, also expresses his willingness and preparedness to take her with him. The statement of Pandiselvi is recorded and this Court comes to the conclusion that she was not in the illegal custody of any one. She is a major and is free to go anywhere she likes. Since she has expressed her willingness to join her husband, we recorded the same and dispose of the Habeas Corpus Petition accordingly. It is made clear that we do not express any opinion regarding the criminal case, if any, registered by the Police.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Tiruppathur Town Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
gcg RL/4C/SKS/RR/8/12/2015 Order Made in H.C.P(MD)No.1489 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 24.11.2015