Anbalagan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P(MD)No.911 of 2018 Anbalagan ... Petitioner Vs.

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Vedachandur Police Station, Dindigul District.

3. Thangavel

4. Suseela ... Respondents Prayer:- Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely Dhivya Bharathi, D/o.Thangavel, aged about 21 years before this Court and set her at liberty and pass such further or other orders.

For Petitioner : Mr.D.Venkatesh For RR 1 & 2 : Mr.S.Chandrasekar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner, namely Anbalagan, has filed the above Habeas Corpus Petition, directing the respondents to produce the detenu, namely Dhivya Bharathi, daughter of the respondents 3 and 4, aged about 21 years.

2.It is the case of the petitioner that pursuing his studies at Coimbatore Institute of Technology during the year 2013-2017, he and the detenu fell in love and got married on 09.04.2018 at Maruthamalai Murugan Temple. Further, the petitioner has contended that the respondents 3 and 4 coming to know about the marriage, https://hcservices.ecourts.gov.in/hcservices/

forcibly separated the detenu from him and took her with them. In these circumstances, the petitioner has filed the Habeas Corpus Petition.

3.The second respondent police produced the detenu, namely Dhivya Bharathi, from the custody of the respondents 3 and 4 before this Court.

4.The detenu as well as the respondents 3 and 4, who are the parents of the detenu, were present in the Court. 5.The detenu was enquired by us. The detenu has specifically stated that she has not married the petitioner and that she and the petitioner studied together at Coimbatore Institute of Technology. The statement made by the detenu is recorded. The respondents 3 and 4 were also enquired by us and they have stated that the detenu is in their custody right now. 6.In view of the statement made by the detenu and the respondents 3 and 4, we do not find any merits in the Habeas Corpus Petition and accordingly, the same is dismissed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Vedachandur Police Station, Dindigul District.

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

PS VB/SB/SAR2/11.07.2018/2P/4C H.C.P(MD)No.911 of 2018 28.06.2018 https://hcservices.ecourts.gov.in/hcservices/