Arul Joeni v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Arul Joeni ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Nesamony Nagar Police Station, Kanniyakumari District.

(Cr.No.29/2024).

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to secure or produce the body or person of the detenu namely Albin Nivetha, D/o.Arul Jeoni, aged about 19 years before this Court and set her at liberty.

For Petitioner :Mr.L.Lenish For R1 & R2 :Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the mother of the detenu seeking to produce the alleged detenu namely Albin Jeoni, D/o.Arul Jeoni, aged about 19 years, before this Court and set her at liberty.

2. The learned Additional Public Prosecutor appearing for the respondents would submit that the respondent police has secured the detenu and produced before this Court today.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the petition. However, the respondent police has traced the alleged detenu and produced before this Court. We enquired the alleged detenu. She would state

that her father had left the family and that her mother had married one Sekar. Since she did not like that, she has some misunderstanding with her mother and therefore, she left the home on her own volition and staying at Chennai. She is aged about 20 years and she is not illegal custody of anybody and she stated that she is not inclined to go along with the petitioner/mother.

4. Recording the statement of the detenu and finding that she is not in illegal detention, this Habeas Corpus Petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 23.04.2024 Index : Yes / No Internet : Yes / No am To:

1.The Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Nesamony Nagar Police Station, Kanniyakumari District.

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

Madurai.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 23.04.2024