Poomayil v. The Superindent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P(MD)No.1231 of 2016 Poomayil : Petitioner Vs.

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

2.The Inspector of Police, Andipatti Police Station, Theni District.

3.Senthil 4.Jothi : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the first respondent and the second respondent to produce the person or body of the detenue, the petitioner's sister's daughter namely Kanaga, d/o.Karikalan, aged 21 years who is illegally detained by the third and the fourth respondents before this Court and set her at liberty.

For Petitioner : Mr.S.Prabhu For R.1&2 : Mr.A.Ramar Additional Public Prosecutor.

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, this Habeas Corpus Petition is taken up for disposal.

2.

The petitioner claims to be the senior mother-cumeldest sister of the detenue's mother has filed this Habeas Corpus Petition alleging that when the detenue went for shopping on the evening hours on 26.06.2016, she did not return and as such, she could not be traced. Hence, the petitioner lodged a compliant with the second respondent on 31.08.2016. Since no action has been taken by the official respondents, the petitioner has preferred the present Habeas Corpus Petition . https://hcservices.ecourts.gov.in/hcservices/

3. Today, the detenue is produced before this Court. She would submit that she was born on 10.05.1995 and she completed her B.Sc., nursing and on her own volition, she married the third respondent on 17.09.2016 at Kamatchi Amman Temple, Devathanapatti and presently, she is living with the third respondent.

4. In the light of the fact that the detenue is a major and admittedly, she is not in illegal custody of the respondents 3 and 4, there is no question of illegal detention, as alleged by the petitioner.

5. This Habeas Corpus Petition is dismissed, accordingly. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police, Andipatti Police Station, Theni District.

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

H.C.P(MD)No.1231 of 2016 14.09.2016 ssm SH/SKS-RR:27.09.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/