M. Marimuthu v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.(MD)No.1640 of 2017 M.Marimuthu : Petitioner Vs.
1.State rep by The Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, Keeranur Police Station, Keeranur, Pudukkottai District.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the petitioner's daughter Meenachi, D/o.Marimuthu, aged about 22 years before this Court and set her liberty.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.C.Ramesh Additional Public Prosecutor
ORDER
[Order of the Court was made by R.SUBBIAH, J] The present Habeas Corpus Petition has been filed by the father of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the petitioner's daughter namely, Meenachi, D/o.Marimuthu, aged about 22 years, before this Court and set her liberty.
2.In the affidavit, it has been averred that the petitioner is the father of the detenu namely, Meenachi, aged about 22 years and the detenu completed B.Com., in M.I.T. College, Trichy. It is further averred that the petitioner arranged his daughter's marriage with one Krishnan, who is working in Singapore and the betrothal was performed on 06.10.2017. It is alleged that on 06.10.2017 at about 10.30 a.m., the detenu went to her college in order to collect her https://hcservices.ecourts.gov.in/hcservices/
education certificate and thereafter, she did not return. Immediately, the petitioner searched for his daughter in various places, but he could not find out her. Hence, the petitioner made a complaint before the second respondent on 26.10.2017. Since no effective steps have been taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.
3.Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent produced the detenu. When we enquired the detenu, she has stated that on her own volition, she went along with one Suresh and married him on 26.10.2017 in Pathirakaliamman Temple at Trichy. She has further stated that she is not willing to go along with the petitioner/father and she is not in the illegal custody of anyone.
4. In view of the above, since the detenu is a major aged about 22 years and she is not willing to go along with the petitioner, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, Keeranur Police Station, Keeranur, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Ns RL/4C/2P/SKN/RSK/SAR4/26/12/2017 Order made in H.C.P.(MD)No.1640 of 2017 Dated:
30.11.2017 https://hcservices.ecourts.gov.in/hcservices/