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Madras High CourtHCP(MD)/1311/2016closed

P.Subaiah v. The Superintendent Of Police

2016-10-03Honourable Mr Justice M. Sathyanarayanan,Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE V.M.VELUMANI H.C.P(MD)No.1311 of 2016 P.Subbaiah .. Petitioner Vs.

1.The State rep.by Superintendent of Police O/o.the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Mandabam Police Station, Ramanathapuram District.

3.Ramatheepan 4.Thayammal .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents 1 & 2 to produce the body and person of the petitioners daughter namely Sathya D/o.Subaiah, aged about 30 years before this Court and set her at liberty.

For petitioner : Mr.A.Abdul Kabur For R.1&2 : Mr.A.Ramar Additional Public Prosecutor

ORDER

[Order of the Court by V.M.VELUMANI, J.] The petitioner is the father of the detenu. The petitioner filed this Habeas Corpus Petition on allegation that her daughter/detenu, by name, Sathya, was in illegal custody of the third and fourth respondents. In this regard, though a representation was given to the official respondents by the petitioner along with his son-in-law, no action has been taken by them. Hence, the petitioner came forward with the present Habeas Corpus Petition .

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2.

When the matter is taken up for hearing, the second respondent produced the detenu. On enquiry, she would submit that due to the dispute between the detenu and her husband, she left the matrimonial home, on her own volition and she is not abducted by the private respondents herein. She would further submit that presently, she is residing with her cousin-sister at Coimbatore.

3. Considering the fact that the detenu is a major and she is not in illegal custody and she expressed her willingness to go with her father, she is set at liberty.

4. The Habeas Corpus Petition is closed with the above observation.

Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar ssm To:

1.The Superintendent of Police O/o.the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Mandabam Police Station, Ramanathapuram District.

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

JAM/18.10.16/DB/2P-4C H.C.P(MD)No.1311 of 2016 03.10.2016 https://hcservices.ecourts.gov.in/hcservices/