M.Aravinth v. The Inspector Of Police

H.C.P.(MD) No.519 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.519 of 2020 M.Aravinth ... Petitioner -vs1.The Inspector of Police, Town Police Station, Aruppukkottai, Virudhunagar District.

2.Mr.Rajan 3.Mr.Balasubramani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the first respondent to produce the body or person of the detenue namely Sushmitha, D/o.Rajan, (aged 22 years), before this Court and set her at liberty.

For Petitioner :

Mr.G.Thalaimutharasu For R1 :

Mr.V.Neelakandan Additional Public Prosecutor For R3 : Mr.K.Mahendran

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed seeking direction to the first respondent to produce the detenue viz., Susmitha, D/o.Rajan, before this Court and to set her at liberty. 2.It is the case of the petitioner that the detenue is his classmate and on 02.01.2020 she left her parents home and came to Aruppukkottai to the house of the petitioner and he married the detenue on 23.01.2020. It is further alleged that in the month of May, 2020, the parents of the detenue had taken her and subsequently she is kept in illegal detention by the third respondent. 3.Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner; Mr.V.Neelakandan, learned Additional Public Prosecutor appearing for the first respondent and Mr.K.Mahendran, learned counsel appearing for the third respondent.

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H.C.P.(MD) No.519 of 2020 4.When the matter is taken up for hearing, it is informed by the learned Additional Public Prosecutor and the learned counsel appearing for the third respondent that there was no marriage between the petitioner and the detenue and she has been happily living with her mother at Kothagiri. It is also stated that she appeared before the Inspector of Police, Kothagiri Police Station on 06.08.2020 and stated that she is not illegally detained by her mother or the third respondent.

5.Today, the detenue appeared before this Court through video conferencing and stated that she is living happily with her mother and she is not illegally detained by the third respondent. 6.In the light of the above fact, we find no merit in the case of the petitioner and hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Inspector of Police, Town Police Station, Aruppukkottai, Virudhunagar District.

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

H.C.P.(MD) No.519 of 2020 27.08.2020 KB(11.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2