Madras High CourtHCP(MD)/1861/2017closed

P.Francis Balan v. The Superintendent Of Police

2018-01-12Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.1861 of 2017 P.Francis Balan : Petitioner Vs State rep. by, 1.The Superintendent of Police, Superintendent of Police office, Pudukottai, Pudukottai District.

2.The Inspector of Police, Thirumayam Police Station, Puthukottai District.

3.Tamilarasn @ Vickytamil @ Appu : Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first and second respondents to produce the person or body of the detenue namely Shiny Esther Daughter of Francis Balan aged 19 years before this Court and set her at liberty.

For Petitioner : Mr.R.Pon Karthikeyan For R1 and R2 : Mr.C.Ramesh Additional Public Prosecutor *****

ORDER

[Order of the Court was made by S.VIMALA, J.] The petitioner is the father of the detenu, who has filed this petition on the premise that the detenu is in the illegal custody of the third respondent.

2.Today, when the Habeas Corpus Petition was taken up for consideration, the detenu was produced before this Court. On enquiry, the detenu submitted that she went along with the third respondent on her own volition and has married him and now living with him and that she is not in illegal custody. https://hcservices.ecourts.gov.in/hcservices/ 3.The Petitioner along with his wife and the third respondent are also present before this Court. The third respondent has given a

statement in writing, to the effect that he will take care of the detenu in a proper manner and will provide necessary education to her and also undertakes that he will not involve in any dispute. 4.Recording the statements of the detenu and the third respondent, the Habeas Corpus Petition is closed and as the detenu is a major, she is set at liberty.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Superintendent of Police office, Pudukottai, Pudukottai District.

2.The Inspector of Police, Thirumayam Police Station, Puthukottai District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +One cc to Mr.R.Pon Karthikeyan, Advocate, SR.No.42119 rj2 RL/5C/2P/KKR/SAR1/29/1/2018 H.C.P.(MD)No.1861 of 2017 12.01.2018 https://hcservices.ecourts.gov.in/hcservices/