P.Vellammal v. The Superintendent Of Police

H.C.P(MD)No.677 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.677 of 2021 Mrs.P.Vellammal ... Petitioner/mother of the detenue -vs1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The State Represented by The Inspector of Police, Nazereth Police Station, Nazereth, Thoothukudi District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to find out the petitioner's daughter namely Murugeswari, D/o. Periya Nadar, aged about 24 years residing at Door No.5/142, Udayarkulam, Gandhi Nagar, Sathankulam Taluk, Thoothukudi District and subsequently produce her before this Court and set her at liberty forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the mother of the detenue. Alleging that the petitioner's daughter by name Murugeswari, D/o. Periya Nadar, aged about 24 years, was found missing from 10.03.2021, the petitioner said to have given a complaint before the second respondent police. Since no action has been taken by the second respondent police to secure the detenue, the present Habeas Corpus Petition has been filed.

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H.C.P(MD)No.677 of 2021

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that the detenue is a major and the investigation reveals that the detenu got married with one Manikandan and residing at Thiruvaiyaru. That information was passed on to the petitioner by the second respondent and they asked the petitioner to come to Thiruvaiyaru. But, she refused to come.

3. Considering the fact that the detenue is a major and she is said to be married one Manikandan and residing at Thiruvaiyaru, there is no illegal custody as alleged by the petitioner, this Habeas Corpus Petition is not maintainable and the same is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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.

To 1.The Superintendent of Police, Thoothukudi District,Thoothukudi.

2. The Inspector of Police, Nazereth Police Station,Nazereth,Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

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