Balakrishnan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1315 of 2016 Balakrishnan : Petitioner Vs.

1.The Superintendent of Police, Superintendent of Police Office, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

3.Manikandan : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the first and second respondents to produce the person or body of the detenue, namely Priyanka, daughter of Balakrishnan, aged 19 years before this Court and set her at liberty. For Petitioner : Mr.B.Anandan For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Priyanka, whose date of birth is 08.03.1997. She is a Graduate in Computer Science. According to the petitioner, she has been found missing from 14.09.2016 onwards. Earlier, the petitioner was informed by the police that the detenue appeared before All Women Police Station at Tallakulam, Madurai. But the girl was not rescued and produced to the petitioner, is the grievance.

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2. Today, when the Habeas Corpus Petition was taken up for hearing, the detenue made appearance before this Court, as

produced by the second respondent. The third respondent also appeared. They told us that they were in love and they married on 15.09.2016 and from then onwards, they have been living as husband and wife. The detenue told us that she is willing to go and live only with her husband and not with the parents. The said statement is recorded.

5. In view of the above submission made by the detenue, since we are satisfied that there is no illegal detention and since the detenue is a major, we are unable to grant the relief as prayed for. Accordingly, the Habeas Corpus Petition is dismissed, leaving it open for the detenue to choose her own way of life. Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar SML To 1.The Superintendent of Police, Superintendent of Police Office, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

+1cc to Mr.B.Anandan,Advocate Sr.No. 64989 JAM/17.11.16/PV/2p-5c Order made in H.C.P.[MD].No.1315 of 2016 Dated: 01.11.2016 https://hcservices.ecourts.gov.in/hcservices/