Madras High CourtHCP(MD)/669/2022dismissed

Saraswathi v. The Superintendent Of Police

2022-04-29Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.669 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.669 of 2022 Saraswathi ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai District.

3.The Inspector of Police, Kalaiyarkovil Police Station, Kalaiyarkovil, Sivagangai District.

4.Gopal

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the person or body of the daughter of the petitioner, namely, Kannathal, aged about 26 years before this Court and set her at liberty forthwith.

For Petitioner: Mr.S.Pakalavan For R1 to R3 : Mr.A.Thiruvadikumar, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of her daughter, namely, Kannathal, aged about 26 years. According to the petitioner, her daughter went missing on 14.02.2022. Even in the affidavit, she has stated that the 4th respondent is fallen in love with her daughter and they have eloped and they are residing at Coimbatore.

2.Mr.A.Thiruvadikumar, learned Additional Public Prosecutor appearing for the respondents 1 to 3, upon instructions, would submit that the detenue is residing about of her own free and will at Coimbatore and she had lodged a complaint with the Sai Baba Colony Police Station, Coimbatore, in the year 2021 against her https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.669 of 2022 mother / petitioner herein and the same is pending in C.S.R.No.220 of 2021.

3.In view of the above, we do not think that there is any illegal custody involved as alleged by the petitioner. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai District.

3.The Inspector of Police, Kalaiyarkovil Police Station, Kalaiyarkovil, Sivagangai District.

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

H.C.P.(MD)No.669 of 2022 29.04.2022 RK(19/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2