Ravichandran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1281 of 2017 Ravichandran : Petitioner Vs.
1. The State represented by the State of Tamil Nadu, through the Principal Secretary, Department of Home, Chennai.
2. The Superintendent of Police, Thanjavur, Thanjavur District.
3. The Deputy Superintendent of Police, Kumbakonam East Police Station, Kumbakonam.
4. The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam in Crime No.278 of 2017.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the fourth respondent to search, find and secure the petitioner's minor daughter viz., Divya, D/o. Ravichandran, aged 17 years and produce her before this Court and hand over her to the petitioner's custody.
For Petitioner : Mr.R.Balaguru For Respondents : Mr.A.Ramar Additional Public Prosecutor
O R D E R
*********** [Order of the Court was made by R.SUBBIAH, J.] The petitioner is the father of the detenu Divya, aged about 17 years.
2. In the affidavit, it has been stated that the detenu is aged about 17 years on the date of filing the Habeas Corpus Petition. The detenu was born on 13.09.1999 and after completion of 12th standard, she was going to work at Jayalakshmi Graphics at Dharasuram. On 12.07.2017, the detenu came home for lunch and thereafter, she left for work. Subsequently, she did not return. Hence, the petitioner searched her in various places. Since he could not succeed, finally he lodged a complaint on 13.08.2017 before the fourth respondent on the ground that one Surya kidnapped her. Since no effective steps have been taken, he has filed the present Habeas Corpus Petition.
3. Today, when the matter is taken up for hearing, the detenu was produced and when we enquired, she stated that unable to tolerate the harassment of her father, she left the home along with his friend Bhuvana and presently she is working at Tirupur. She attained majority and her date of birth is 13.09.1999. She has also produced the birth certificate and Adhar Card in support of her contention. However, the petitioner is not present and the learned counsel for the petitioner would submit that her father is not interested in taking back the detenu and the detenu also expressed her unwillingness to join the petitioner.
4. Since the petitioner is a major, she is at liberty to take her own decision and she is not in illegal custody. In view of the submission made by the detenu, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To
1. The Principal Secretary, the State of Tamil Nadu, Department of Home, Chennai.
2. The Superintendent of Police, Thanjavur, Thanjavur District.
3. The Deputy Superintendent of Police, Kumbakonam East Police Station, Kumbakonam.
4.The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam in Crime No.278 of 2017.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Akv AE/KK/SAR2/01.11.2017/3P/6C ORDER MADE IN H.C.P.[MD].No.1281 of 2017 23.10.2017