Manoharan v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.158 of 2017 Manoharan : Petitioner Vs.

1.The Inspector General of Police, Central Zone, Tiruchirappalli.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.

4.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

5.Rajendran 6.Swetha : 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 to produce the body or person of the detenu, namely, Rajavel, S/o.Manoharan, aged about 20 years, before this Court and set him at liberty.

For Petitioner : Mr.N.Anandakumar For Respondents 1to4 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 4. https://hcservices.ecourts.gov.in/hcservices/

2. The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to

produce the body or person of the detenu, namely, Rajavel, S/o.Manoharan, aged about 20 years, before this Court and set him at liberty.

3. The petitioner is the father of the detenu - Rajavel, aged about 20 years. The learned Additional Public Prosecutor, on instructions from the respondents police, submitted that the son of the petitioner/detenu had married the sixth respondent herein and they were brought to Natchiyarkovil Police Station and the petitioner and his wife met their son and the sixth respondent. The sixth respondent is also a major, which is admitted by the petitioner. In such circumstances, we find that there is no illegal detention of the detenu, but, it appears that the detenu had voluntarily left the petitioner to marry the sixth respondent.

4. In view of the above, since the detenu is not in illegal custody, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Inspector General of Police, Central Zone, Tiruchirappalli.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.

4.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

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

+1 cc to Mr.N.Anandakumar , Advocate in SR.No. 16791 NB AE/JC/04.04.2017/2P/7C ORDER MADE IN H.C.P.[MD].No.158 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/