Muthukumar v. The Superintendent Of Police

H.C.P.(MD) No.655 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.655 of 2020 Muthukumar ... Petitioner -vs1.The Superintendent of Police Thirunelveli District Thirunelveli 2.The Inspector of Police Courtallam Police Station Tirunelveli District 3.Arunkumar ... 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 to produce the body or detenue of the petitioner's daughter, namely, Geeta Bharathi, aged about 19 before this Court and set her at liberty.

For Petitioner :

Mr.S.Premkumar For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce his daughter, namely, Geeta Bharathi, aged about 19 years, before this Court and set her at liberty.

2. The petitioner would state that he is a Contractor and his wife is working as Headmistress in a Private School at Tenkasi and they are blessed with one daughter / detenue herein and one son, namely, Jeya Vihej. According to the petitioner, his daughter was studying B.Sc. Physics in Lady Doak College at Madurai and she was found missing from 21.08.2020 and in this regard, a complaint was given to the second respondent and the same was registered in Crime No.301 of 2020 on 26.08.2020. Since no action was taken by the respondent Police, the petitioner is before this Court.

3. When the case was taken up for hearing, the detenue, her parents and the third respondent - Arunkumar appeared before this Court through Video Conferencing from the Office of the Public Prosecutor.

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H.C.P.(MD) No.655 of 2020

4. On instructions, Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents 1 and 2, would state that the detenue has eloped with the third respondent and they got married on 25.08.2020, even though the third respondent has not attained the age of 21 years. He would further state that the third respondent is working in a Call Centre at Coimbatore.

5. The detenue, on enquiry, would state that she is not in the illegal detention of the third respondent and if her parents accept both the detenue and third respondent, she is ready to join with them and in case they do not accept, they want to live on their own. Since the detenue has attained majority and she is not in illegal detention of the third respondent, she is set at liberty.

6. In the light of the above statement of the detenue, the habeas corpus petition is closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

krk To:

1.The Superintendent of Police, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, Courtallam Police Station, Tirunelveli District.

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

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