R. Gunasekaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.07.2015 Coram THE HONOURABLE MR.JUSTICE A.SELVAM AND THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.841 of 2015 R.Gunasekaran .. Petitioner Vs.

1.The Superintendent of Police, Trichirapalli District, Trichirapalli.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichirapalli District.

3.S.Athirstaraj .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 & 2 to secure the detenu and produce the body or person of the detenu namely Ruth Thynish Mary W/o.Gunasekaran aged 24 years, before this Court, illegally detained by the third respondent and set her at liberty forthwith.

For Petitioner :

M/s.P.Kalaiyarasi Bharathi For RR - 1 & 2 :

Mr.T.Mohan Addl.Public Prosecutor For R - 3 :

Mr.J.Jeyakumaran

ORDER

(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 & 2 to trace out and produce the detenu by name Ruth Thynish Mary, aged 24 years.

2. During pendency of the same, the petitioner by name Gunasekaran has filed MP(MD)No.1 of 2015 so as to advance the hearing in HCP(MD)No.841 of 2015 by way of stating that the third respondent, father of the detenu has made arrangements to conduct marriage to the detenu on 06.07.2015. Under the said circumstances, MP(MD)No.1 of 2015 has been posted today along with main petition.

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3. As per direction given by this Court, the third respondent, father of the detenu has produced her. She denied the marriage alleged to have been performed along with the petitioner.

4. Considering the nature of relief sought for in the main petition and also considering that both the petitioner and detenu are present and since the detenu has denied the alleged marriage conducted in between her and petitioner, this Court is of the view to dispose of HCP (MD)No.841 of 2015.

5. As pointed out earlier, the third respondent has produced the detenu and she has been identified by the petitioner and therefore, the relief sought for in the petition has become infructuous.

6. In fine, this Habeas Corpus petition deserves dismissal and accordingly is dismissed.

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

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichirapalli District.

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

+1cc to M/S. Udhaya Law Associates, Advocate in SR.No 35992 +1cc to M/S.J.Jeyakumaran, Advocate in SR.No 36037 TS/ 14.07.2015/2P - 6C H.C.P.(MD)No.841 of 2015 03.07.2015 https://hcservices.ecourts.gov.in/hcservices/