S.C.Lakshmi, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1514 of 2017 S.C.Lakshmi : Petitioner Vs.

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

2. The Inspector of Police, Sindupatti Police Station, Madurai District.

3.Injamam : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the person or body of the detenue namely, Kamatchi Priyatharsini daughter of Chandrasekar aged 22 years before this Court and set her at liberty. For Petitioner : Mrs.P.T.Ramesh Raja For Respondents 1&2 : Mr.A.Ramar Additional Public Prosecutor For R3 : Mr.S.Pakalavan

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 mother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the person or body of the detenu namely, Kamatchi Priyatharsini daughter of Chandrasekar aged 22 years before this Court and set her at liberty.

2. The petitioner is the mother of the detenu namely, Kamatchi Priyatharsini. The detenu has completed B.A. Degree. On 05.10.2017, at 11.30 hours, the detenu went to a shop. At that time, three unknown persons kidnapped her. Upon knowing the same, https://hcservices.ecourts.gov.in/hcservices/

the petitioner took all efforts to find out whereabouts of the detenu. On enquiry, she came to know that the third respondent, who belongs to Muslim Religion, had kidnapped her daughter along with his friends. Immediately, the petitioner's brother lodged a complaint before the second respondent police to register a case under the caption 'Women Missing'.

3. On 07.10.2017, the petitioner's brother was called to Thirumangalam Police Station. The petitioner's brother along with his relatives went to the police station, where they found the detenu, the third respondent and few of the third respondent's relatives. The petitioner and the relatives of the petitioner were prevented even to communicate with the detenu. The second respondent has also obtained signature for sending the petitioner's daughter with the third respondent. Finally left with no other alternative remedy, the petitioner has filed this Habeas Corpus Petition.

4. Today, the detenu was produced before this Court. On enquiry, she told that she had gone with the third respondent on her own volition and she had married the third respondent. Further, she told that she is not in illegal custody of anybody.

5. In view of the statement made by the detenu, we are of the opinion that this Habeas Corpus Petition has to be closed. Since the petitioner's daughter is not in anybody's custody, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Sindupatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc TO Mr.P.T.Ramesh Raja , Advocate in SR No. 83973 CM AE/SV MMS/SAR3/09.11.2017/2P/5C ORDER MADE IN H.C.P.[MD].No.1514 of 2017 27.10.2017 https://hcservices.ecourts.gov.in/hcservices/