B.Senthamarai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE JUSTICE DR.G.JAYACHANDRAN, AND THE HON'BLE MRS.JUSTICE S. SRIMATHY, H.C.P.(MD) No.428 of 2025 B.Senthamarai ... Petitioner / mother of the detenu Vs.

1.The State of Tamil Nadu, Rep. by The Superintendent of Police, Dindigul District.

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

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the Respondents 1 and 2 to secure and produce the body or person of the 1/5

detenue namely, B.Jothi Lakshmi, D/o.Baskaran, aged about 27 years and petitioner's grand son namely A.Abdulrahmaan S/o.Arabu Ali, aged about 6 years, before this Court and set them at liberty forthwith. For Petitioner : Mr.G.Sakthi Rao For Respondents : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor

O R D E R

DR.

G.JAYACHANDRAN, J.

and S. SRIMATHY, J.

The petitioner is the mother of one Jothi Lakshmi, aged about 27 years, alleging that her daughter along with grand son gone missing and hence, after lodging the police complaint, the present Habeas Corpus Petition has been filed.

2. The respondent police has secured the daughter of the petitioner and they were present before this Court along with the minor child. On enquiry, the daughter of the petitioner is not willing to go with her mother and she has own reason for that.

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3. Taking note of the fact that she is an adult and taken a decision on her own without any compulsion, the Writ of Habeas Corpus cannot be issued since the daughter of the petitioner is not under any illegal custody.

4. Accordingly, this Habeas Corpus Petition stands dismissed.

[G.J., J.] [S.S.Y, J.] 15.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 3/5

To 1.The Superintendent of Police, State of Tamil Nadu, Dindigul District.

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

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

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DR.

G.JAYACHANDRAN, J.

and S. SRIMATHY, J.

RM ORDER MADE IN H.C.P.(MD) No.428 of 2025 15.04.2025 5/5