Madras High CourtHCP(MD)/362/2020dismissed

Mariyappan v. The Superintendent Of Police

2020-06-26Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.362 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : .26.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.362 of 2020 Mariyappan ... Petitioner -vs1.The Superintendent of Police Virudhunagar District, Virudhunagar 2.State, rep.by The Sub Inspector of Police Vembakottai Police Station Virudhunagar District (Crime No.338/2020) 3.Karthikumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the 1st and 2nd respondents to produce the body or person of the petitioner's daughter the detenu Esakkiyammal @ Indhumathi, daughter of Mariyappan, aged about 22 years, now illegally detained by the third respondent before this Court and set her at liberty. For Petitioner :

Ms.S.Prabha For Respondents :

Mr.R.Anandharaj Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking a direction to the respondents 1 and 2 to produce the body or person of the detenue viz., petitioner's daughter Esakkiyammal @ Indhumathi, aged about 22 years, before this Court and set her at liberty.

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H.C.P.(MD) No.362 of 2020

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that, enquiry conducted by the Police reveals that the daughter of the petitioner was in love with her classmate (third respondent) and that both of them have eloped.

3. In such view of the matter, this is not a case of minor missing for us to issue a writ of habeas corpus. Accordingly, the habeas corpus petition is dismissed.

Sd/- Assistant Registrar (A.S) // True Copy // / /2020 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

Krk / sml To:

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

2.The Sub Inspector of Police, Vembakottai Police Station, Virudhunagar District.

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

H.C.P.(MD) No.362 of 2020 26.06.2020 CS(03.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2