R.Petchiammal, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1752 of 2017 R.Petchiammal : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Koodalpudur Police Station, Madurai.

3.Saravanan 4.Aruna : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu, the petitioner's grandmother, by name, Anusuya, D/o.Periyasamy, aged about 20 years, bodily before this Court and set her at liberty.

For Petitioner : Mr.T.Selvam For Respondents 1&2 : Mr.C.Ramesh Additional Public Prosecutor For Respondents 3&4 : 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 grandmother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Anusuya, D/o.Periyasamy, aged about 20 years, before this Court and set her at liberty.

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2. According to the petitioner, her granddaughter, the detenu herein, was found missing from 01.02.2017, onwards. 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. When we enquired the detenu, she has stated that she is aged about 20 years and since she fell in love with the third respondent and having been aware that the third respondent is a married man, on her own volition, she went out of the home along with him and married him. She has further stated that she is not in illegal custody.

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(CS-I) /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Koodalpudur Police Station, Madurai.

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

ORDER MADE IN H.C.P.[MD].No.1752 of 2017 18.12.2017 NB AM/KK/SAR 1/09.01.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/