Balusamy v. The Superintendent Of Poilce

H.C.P.(MD) No.551 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.551 of 2022 Balussamy ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanthapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the respondents herein to secure and produce the body or person of the detenue namely, Gopuraviji, aged about 22 years, D/o.Balussamy, before this Court and set her at liberty.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of his daughter Gopuraviji, aged 22 years.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. According to the petitioner, the detenue has gone missing from the house of her maternal grand-mother from 25.03.2022. Complaining inaction on the part of the respondent Police, the petitioner has moved this Court by way of this Habeas Corpus Petition.

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Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that the detenue had misunderstanding with her parents, because her parents were fighting among themselves and she had even lodged a complaint against her parents. She had refused to live with her parents and she is living with her maternal grand-mother and she is also working in a private firm.

5. Considering the fact that the detenue is a major and the fact that she had left the parents house on her own volition, we do not think there is any case of illegal custody. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To:

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanthapuram District.

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

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