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Madras High CourtHCP(MD)/1264/2016dismissed

S.Sundari v. The Sub Inspector Of Police,

2016-09-29Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.1264 of 2016 S.Sundari : Petitioner Vs.

State by The Sub-Inspector of Police, All Women Police Station, Kizhavazhuthur, Papanasam Taluk, Thanjavur District.

: Respondent Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondent herein to produce the body and person of petitioner's daughter, namely S.Priyanka, D/o.Suresh, aged 20 years, before this Court and set her at liberty. For Petitioner : Mrs.S.Srimathy For Respondent : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Priyanka, D/o.Suresh, aged 20 years, whose date of birth is 06.10.1995. According to the petitioner, her daughter Priyanka, who was doing B.A. Degree course in Sri Pushpam College at Poondi, was found missing from 01.09.2016 onwards. Since she was not secured by the respondent, the petitioner has come up with this petition.

2. Today, the Habeas Corpus Petition was listed in the special list, as being mentioned by the learned Additional Public Prosecutor.

3. When the matter was taken up, the petitioner made appearance. The detenu was produced by the respondent. The detenu told us that her date of birth is 06.10.1995. She further told https://hcservices.ecourts.gov.in/hcservices/

that she has fallen in love with one Mr.Rajesh Kumar and on her own volition, she married him on 01.09.2016 at Swami Malai. She further told that from the date onwards, she was living with Mr.Rajesh Kumar in Tirupur as his wife. Thus, according to her, there was no illegal detention.

4. The petitioner and her husband, who made appearance, would state that the detenu should be allowed to return to the parental home. But the detenu is not willing to go back to the parental home. She is a major. She is set at liberty to decide about her own course.

5. The Habeas Corpus Petition is dismissed with the above observation.

Sd/- Assistant Registrar(CRL) /True Copy/ Sub Assistant Registrar SML To 1.The Sub-Inspector of Police, All Women Police Station, Kizhavazhuthur, Papanasam Taluk, Thanjavur District.

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

+1cc to Mr.S.Srimathy Advocate Sr.No. 57331 JAM/04.11.16/DB /2p-4c Order made in H.C.P.(MD)No.1264 of 2016 Dated:

29.09.2016 https://hcservices.ecourts.gov.in/hcservices/