Madras High CourtHCP(MD)/523/2017closed

Eakammai v. The Superintendent Of Police,

2017-04-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P.[MD].No.523 of 2017 Eakammai : Petitioner Vs.

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

2.The Sub-Inspector of Police, Pulithipatti Police Station, Sivagangai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the petitioner's son namely Mahesh Prabu, son of N.Thiyagarajan, aged about 24 years before this Court and set him at liberty.

For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondents : Mr.T.Mohan, Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her son Mahesh Prabu went missing on 01.03.2017, pursuant to which, the petitioner herein made a complaint dated 02.03.2017 and thereafter, has filed the present Habeas Corpus Petition.

2. Today, Mr.Karunanidhi, Sub-Inspector of Police, Pulithipatti Police Station, is present in Court. On instructions, the learned Additional Public Prosecutor submitted that the petitioner's son had eloped with one Jeevitha and has married her and both of them are living at Coimbatore. Furthermore, Jeevitha has given a complaint to Saravanampatti Police Station in Coimbatore District, alleging that she got married to Mahesh Prabu and sought protection on the ground that it is an inter-caste marriage.

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3. In Lata Singh v. State of U.P. [2006(5) SCC 475], the Hon'ble Supreme Court has stated that instrumentalities of State should encourage inter-caste marriages.

4. In view of the above, the Habeas Corpus Petition is closed with a direction to the respondent police to ensure that no harm befalls the couple.

Sd/- ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Sub-Inspector of Police, Pulithipatti Police Station, Sivagangai District.

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

+1 CC TO MR.S.AYYANAR PREM KUMAR,ADVOCATE,SR NO.54006 SML MAS/MR:05.05.2017:2P-5C ORDER MADE IN H.C.P.[MD].No.523 of 2017 Dated: 25.04.2017 https://hcservices.ecourts.gov.in/hcservices/