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Madras High CourtHCP(MD)/109/2017closed

V.S.Kathiresan v. The Superintendent Of Police

2017-02-10Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.109 of 2017 V.S.Kathiresan : Petitioner Vs.

1.The State rep. by its The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Batlagundu Police Station, Dindigul District.

3.Backiyam 4.Sudhakar 5.Kumaresan 6.Raman 7.Jeyakodi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the body or person of the petitioner's daughter, detenue, namely Priya @ Priya Thevar, D/o.V.S.Kathiresan, aged about 26 years from the illegal custody of the respondents 3 to 7 and set her at liberty. For Petitioner : Mr.P.Senguttuarasan For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the father of the detenue viz., Priya @ Priya Thevar, D/o.V.S.Kathiresan, aged about 26 years, stating that her daughter was found missing from 19.01.2017 onwards. Since her whereabouts was not known, the petitioner lodged a complaint before the second respondent on 19.01.2017 itself. However, no effective action was taken to secure the detenue so far. Therefore, the petitioner is before this Court with this petition.

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2. Today when the matter was taken up for consideration, the second respondent produced the detenue before this Court. When we enquired her, she told us that she fell in love with the fourth respondent and on her own volition, she went along with him and both of them got married and she is presently living at the house of the parents of the fourth respondent. She also expressed her unwillingness to go along with the petitioner. We also enquired the petitioner, who is present in Court today. He has not raised any objection for the same.

3. Recording the submission made by the detenue, since the detenue is a major, aged about 26 years, we close the Habeas Corpus Petition leaving it open to the detenue to lead her own way of life.

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

To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

+1CC to M/S.P.Senguttarasan, Advocate, SR.No. 7999 Order made in H.C.P.[MD].No.109 of 2017 Dated: 10.02.2017 SML AM/JM/21.02.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/