M.Muthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)Nos.1057 and 1075 of 2016 H.C.P.(MD).No.1057 of 2016:- M.Muthu .. Petitioner in H.C.P(MD).No.1057/2016 Vs.

1.The State rep.by The Superintendent of Police, Madurai City, Madurai.

2.The Inspector of Police Melur Police Station, Madurai District.

3.Velu .. Respondents in HCP(MD).No.1057/2016 Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the 1 and 2 to produce the body or corpus of the petitioner's son, namely, Mathan S/o.M.Muthu, aged about 23 years residing at D.No.2/92, Aamoor Village, Melur Taluk, Madurai District, by securing him and set him at liberty.

For petitioner : Mr.B.Jeyakumar For R.1&2 : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor For R.3 : Mr.B.Saravanan H.C.P.(MD).No.1075 of 2016:- K.Perumal .. Petitioner in H.C.P(MD).No.1075/2016 Vs.

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

2.The Inspector of Police K.Pudur Police Station, K.Pudur, Madurai District.

3.Madan .. Respondents in HCP(MD).No.1075/2016

Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the 1 and 2nd respondents to produce petitioner's daughter Anadammal @ Rooba, d/o.perumal, aged about 19 years, who is under the illegal custody of the third respondent and produce her before this Court. For petitioner : Mr.A.Haja mohindeen For R.1&2 : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor COMMON ORDER [Order of the Court was made by K.K.SASIDHARAN, J.] The Habeas Corpus Petition No.1057 of 2016 is filed to direct the Police to produce the son of the petitioner before this Court. The connected Habeas Corpus Petition No.1075 of 2016 is filed by the father of the detenue to produce his daughter, who is said to be in illegal custody of the third respondent. 2.

The detenues appeared before us. They informed us that they are living as husband and wife, after marriage. The detenue in H.C.P(MD).No.1075 of 2016 informed us that she is not in illegal custody. she wanted to go with the third respondent in H.C.P(MD).No.1075 of 2016.

3.

Learned counsel for the petitioner in H.C.P.(MD). No.1075 of 2016 submitted that there is a life threat to the detenues on account of intercaste marriage.

4.

We direct the Inspector of Police, Melur Police Station, to give necessary protection to the detenues so as to enable them to reach their home safely in view of the apprehension raised by the learned Counsel for the petitioner in H.C.P.(MD). No.1075 of 2016.

5.

The detenues are major. They are set at liberty. The Habeas Corpus Petition is closed with the above observation. Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar

To:

1.The Superintendent of Police, Madurai City, Madurai.

2.The Inspector of Police Melur Police Station, Madurai District.

3.The Inspector of Police, K.Pudur Police Station, K.Pudur, Madurai District.

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

+1cc to MR.A.Haja Mohideen, Advocate SR.No.47954 +1cc to Mr.B.Saravanan, Advocate SR.No.47992 ssm sm:DB:16/09/2016:3P/7C ORDER MADE IN H.C.P(MD)Nos.1057 and 1075 of 2016 29.08.2016