M.Palanichamy, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1715 of 2017 M.Palanichamy : Petitioner Vs.

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

2. The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

3.Senthil 4.Subbaiah, S/o. Chinnaiah 5.Chinnapillai 6.Shanmugam 7.Backiaraj 8.Subbaiah, S/o. Karuppaiah 9.Kumarasamy @ Balu : 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, Shanthi, D/o.Palanichamy, aged about 26 years, before this Court and set her at liberty.

For Petitioner : Mr.K.N.Govardhanan For Respondents 1&2 : Mr.C.Ramesh Additional Public Prosecutor For Respondents 3to9 : No Appearance

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 father of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Shanthi, D/o.Palanichamy, aged about 26 years, before this Court and set her at liberty.

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2. According to the petitioner, he has two sons and two daughters. His eldest daughter, namely, Shanthi, the detenu herein, was missing from 14.11.2017 onwards. On enquiry, the petitioner came to know that the respondents 3 to 6 had abducted the detenu with the help of the respondents 7 to 9. In this regard, the petitioner made a complaint before the second respondent. Since there were no effective steps 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 police produced the detenu. On enquiry, she has stated that she is aged about 26 years and since her father was scolding her frequenlty, she went out of the home and stayed in her friend's house at Thiruppur. She has further stated that she was not abducted by the respondents 3 to 6 with the help of the respondents 7 to 9. She has also stated that she is willing to go along with her father. We have also enquired the father of the detenu.

4. In view of the above, since the detenu is not in illegal custody, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

NB VB/SKN/RSK/19/12/2017/2P/4C ORDER MADE IN H.C.P.[MD].No.1715 of 2017 05.12.2017 https://hcservices.ecourts.gov.in/hcservices/