Madras High CourtHCP(MD)/1547/2018closed

K.Ramalingam, S/O.Karuppanan, v. The Superintendent Of Police,

2018-11-16Honourable Mr Justice R.Subbiah,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P(MD)No.1547 of 2018 K.Ramalingam : Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Sub-Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.

3.T.S.Jayaprakash : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the detenue or her corpus, namely Kosaladevi, D/o.Ramalingam, Female, aged about 29 years, before this Court and set her at liberty.

For Petitioner : Mr.A.Uthayakumar For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R.1 & R.2 Mr.R.Santhanam for R.3

ORDER

(Order of the Court was made by R.SUBBIAH, J.) The present Habeas Corpus Petition has been filed by the father of the detenue, seeking a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of the detenue, namely, Kosaladevi, aged about 29 years, before this Court and set her at liberty.

2. According to the petitioner, his daughter was missing from the month of September, 2017, onwards. In this regard, the petitioner made a complaint before the respondents 1 & 2, however, https://hcservices.ecourts.gov.in/hcservices/

no effective steps have been taken by the respondents police to trace out the detenue and hence, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenue. When we enquired the detenue, she has stated that she is aged about 29 years and on her own volition, she went out of the home along with the third respondent and married him at Thirumullai. She has further stated that she is not in illegal custody.

4. In view of the above, since the detenue is not in illegal custody, in our considered view, nothing survives for adjudication in this Habeas Corpus Petition and the same is accordingly, closed. Sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police, Virudhunagar District.

2. The Sub-Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.

gk/ssl SS/RSK/SAR 4/19.12.2018/2P/3C ORDER MADE IN HCP(MD)No.1547 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/