Madras High CourtHCP(MD)/968/2017dismissed

M.Kanaka Rani v. The Superintendent Of Police

2017-07-05Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.968 of 2017 K.Kanaka Rani ... Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District.

Thoothukudi.

2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3. The Inspector of Police, Kalugumalai Police Station, Kalugumalai, Thoothukudi District.

... Respondents PRAYER : Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to secure and produce the detenue or body of the detenu namely K.Sharmila, (Age-24 years), D/o.Kombaiah before this Court and set her at liberty. For Petitioner : Mr.R.Ramasamy For Respondents : Mr.C.Ramesh Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] The petitioner is the mother seeking custody of her daughter being the detenu.

2. The learned Additional Public Prosecutor on instructions would submit that the detenu has married to one Alagu Chithambaram and the marriage has been registered as same in the marriage Serial No.82 of 2017, dated 19.06.2017. The copy of the same also produced before this Court. The detenu has sent a communication in https://hcservices.ecourts.gov.in/hcservices/

the month of June 2017 enclosing the certificate such as age proof registration certificate. The detenu also stated in the said communication sent to the police that she has married her husband on her own, in view of the objections raised by the petitioner as they belong to different communities.

3. In such view of the matter, we do not find any merit in this petition. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Thoothukudi District.

Thoothukudi.

2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3. The Inspector of Police, Kalugumalai Police Station, Kalugumalai, Thoothukudi District.

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

+1 cc to Mr.R.Ramasamy , Advocate in SR.No. 63883 akv/sm AE/MR/KKR/SAR3/12.07.2017/2P/6C H.C.P.(MD).No.968 of 2017 05.07.2017 https://hcservices.ecourts.gov.in/hcservices/