Madras High CourtHCP(MD)/1847/2017closed

B.Dhanasurya v. The Superintendent

2018-01-19Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19.01.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition No.1847 of 2017 B.Dhanasurya ... Petitioner -vs1.The Superintendent of Police, Trichy District, Subramaniapuram, Trichy-20.

2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

3.Abdul Rahim 4.Sharbudeen ... Respondents Prayer:Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the Respondents Nos.1 to 4 to produce the body or person of the detenu, namely, Yasmine Zeth, Wife and Dhanasurya aged about 21 years before this Honourable Court and set her liberty.

For Petitioner : Mr.V.Selva For R1 & R2 : Mr.C.Ramesh Addl. Public Prosecutor For R3 : Mr.M.M.Iqbal For R4 : No Appearance

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner, claiming himself to be the husband of the detenue, has moved this petition for a direction to the Respondents Nos.1 to 4 to produce the detenu, namely, Yasmine Zeth, aged about 21 years before this Court and set her at liberty. https://hcservices.ecourts.gov.in/hcservices/

2. According to the petitioner, he has completed his B.E.Mechanical Engineering in the year 2016 and has now been working as a Technician in Aircel Telecommunication at Perambalur Division. He has stated that both the detenu and the petitioner fell in love with each other and got married on 13.10.2017 and on coming to know of the same, the parents of the detenu had detained her into their custody. Therefore, he has preferred a complaint with the 2nd respondent for production of the detenue and since no effective steps were taken by the Police to trace out the whereabouts of the detenu, he is before this Court, seeking for the above direction.

3. The learned Additional Public Prosecutor has produced the detenu, namely, Yasmine Zeth before this Court with the help of Police.

4. On being enquired with the detenu, she has stated that she has not been abducted by anyone and she is in the safe custody of her parents. She has further stated that she wants to be in the continuous custody of her parents only.

5. Considering the fact that the detenu is major having attained the age of 21 years and also the fact that she is desirous to accompany her parents, she is set at liberty to act as per her own wish.

6. The Habeas Corpus Petition stands closed accordingly. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Subramaniapuram, Trichy-20.

2.The Inspector of Police, Thuraiyur Police Station,Trichy District.

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

+1cc to M/S.M.M.IQBAL, Advocate SR.No.43010. Habeas Corpus Petition No.1847 of 2017 19.01.2018 ar SDS/JC/SAR 4/19.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/