V.Agni v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Agni ... Petitioner/Father of the detenu -vs1.State represented by the Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Madurai Rural, Madurai.
3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
4.Maniraja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents 1 to 3 to produce the person or body of the petitioner's daughter namely Gopika, W/o. Maniraja, aged 21 years, daughter of the petitioner, before this Court and set her at liberty. For Petitioner :
Mr.L.Shaji Chellan For R1 to R3 :
Mr.S.Ravi Standing counsel for Government For R4 : Mr.R.Alagumani
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] The habeas corpus petition has been filed seeking direction to the respondents 1 to 3 to produce the daughter of the petitioner viz., Gopika, aged about 21 years, before this Court and set her at liberty.
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2. The petitioner would claim that he has one daughter, the detenu herein and she was studying in a Law College at Sivagangai. It is alleged that on the basis of the false promise, the fourth respondent married the detenu on 08.02.2021 and as per the order passed in H.C.P.(MD).No.260 of 2021, she is with the fourth respondent.
3. The petitioner would further claim that when he tried to contact the detenu about three months, he could not get any proper reply. She has also not attended the class. Hence, he made a complaint to the first respondent on 22.04.2021. But no action has been taken. Hence, the present habeas corpus petition.
4. Heard Mr.L.Shaji Chellan, learned counsel appearing for the petitioner, Mr.S.Ravi, learned Standing counsel appearing for the respondents 1 to 3 and Mr.R.Alagumani, learned counsel appearing for the fourth respondent.
5. The detenu is represented by Mr.R.Alagumani. The detenu has stated that she has married the fourth respondent on 08.02.2021 and she is now staying with him at High Court Staff Quarters at Mattuthavani. The learned counsel appearing for the detenu and the fourth respondent would state that she is now in three months pregnancy.
6. In the light of the above statement, we find no merit in the habeas corpus petition. Hence, this Habeas Corpus Petition is dismissed.
Sd/- Assistant Registrar (ADII) // 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.
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To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Madurai Rural, Madurai.
3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
28.06.2021 KUN(CO) KB(08.07.2021) 3P 5C 3/3