S. Suresh Arokkiyasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2015

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR and THE HONOURABLE MR. JUSTICE V.S.RAVI H.C.P.(MD)No.1763 of 2015 S.Suresh Arokkiyasamy .. Petitioner Vs.

1.The Superintendent of Police, Karur District, Karur - 639 001.

2.The Inspector of Police, Karur Town Police Station, Karur - 639 001.

3.Sivanesan 4.Shalani 5.Hari 6.Manikandan 7.Ravichandran .. Respondents Prayer : Petition under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the Inspector of Police, Karur Town Police Station, Karur District, the second respondent herein to produce the detenu Kaja Priya D/o.Santhanam aged about 26 years before this Court and set her at liberty.

For Petitioner : Mr.A.V.Arun For RR - 1 & 2 : Mr.R.Ramachandran Additional Public Prosecutor For Detenu : Mr.R.Alagumani

ORDER

(Order of the Court was made by P.R.SHIVAKUMAR, J.) The petitioner Suresh Arokkiyasamy claiming to be the husband of Gaja Priya aged about 26 years, D/o.Santhanam has brought forth this Habeas Corpus Petition for the issue of writ of habeas corpus directing the production of Gaja Priya before this Court and set her at liberty if she is found to be in the illegal https://hcservices.ecourts.gov.in/hcservices/

custody of the respondents 3 to 7.

2.Today, Gaja Priya, on her own volition, has come to this Court accompanied by her mother Parameswari and her younger brother Sivanesan. On being enquired, Gaja Priya states that she went along with the petitioner Suresh Arokkiyasamy and the petitioner cheated her after tying a Thali in a temple at Manjur. She proceeds further to state that she has now realised that she had been cheated and that she has taken a decision to be with her parents. It is her further statement that being a major, she is entitled to take her own decision as to where and with whom she should go. It is her further assertion that she has not been detained by anybody and she, on her own volition, is residing with her parents.

3.The said statement of Gaja Priya is recorded and the Habeas Corpus Petition is dismissed as no prima facie case for illegal detention has been made out by the petitioner. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Karur District, Karur - 639 001.

2.The Inspector of Police, Karur Town Police Station, Karur - 639 001.

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

+ 1 CC TO MR.R.ALAGUMANI, ADVOCATE IN SR NO. 76365 + 1 CC TO MR.C.U.MEENAKSHI RAMAPRABHU, ADVOCATE IN SR NO. 76333 MJ TE/NGM-SS/ : 05/01/2016 : 2P/6C H.C.P(MD) No.1763 of 2015 22.12.2015 https://hcservices.ecourts.gov.in/hcservices/