G.Kannagi v. The Superintendent Of Police

H.C.P.(MD) No.861 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.861 of 2021 G.Kannagi ... Petitioner Vs.

1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Jembunathapuram Police Station, Trichy District.

3.Prakash ... Respondents PRAYER :

Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents 1 and 2 herein to produce the body or person of the petitioner's daughter/detenu viz., Agalya, aged about 20 years, who is under the illegal custody of the third respondent, before this Court and set her at liberty.

For Petitioner :

Mr.R.Maheswaran For R1 & R2 :

Mr.S.Ravi Standing counsel for the State For R3 : Mr.K.K.Senthilvelan

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] Heard Mr.R.Maheswaran, learned counsel appearing for the petitioner, Mr.S.Ravi, learned Standing counsel appearing for the respondents 1 and 2 and Mr.K.K.Senthilvelan, learned counsel appearing for the third respondent.

2. This Habeas Corpus Petition has been filed seeking direction to the respondents 1 and 2 to produce the petitioner's daughter viz., Agalya, aged about 20 years, before this Court, from the illegal custody of the third respondent and set her at liberty.

3. The petitioner would claim that her husband is working as a lorry driver and they are having two children viz., Agalya, the detenu herein and one Prasanna. The detenu is studying B.B.A., third year in Indira College, Trichy and found missing on 22.05.2021. In this regard, she lodged a complaint with the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.861 of 2021 second respondent on 31.05.2021. But no effective steps were taken to secure the detenu.

4. The detenu was produced by the second respondent and she appeared from the Public Prosecutor Office. On enquiry, she would state that on her own volition, she left the parental home and married the third respondent Prakash on 23.05.2021 at Narasingaperumal Temple, Thathangiarpettai. It is also stated that the third respondent is the relative and she is not willing to go with the petitioner.

5. Recording the statement of the detenu, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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 Superintendent of Police, Trichy District.

2.The Inspector of Police, Jembunathapuram Police Station,Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.K.K.SENTHILVELAN, Advocate ( SR-20355[F] dated 28/06/2021 ) +1 CC to M/s.R.MAHESWARAN, Advocate ( SR-20196[F] dated 25/06/2021 ) ORDER MADE IN H.C.P.(MD) No.861 of 2021 24.06.2021 CN(05.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2