Madras High CourtHCP(MD)/1342/2016dismissed

A.Christy S/O Late Arockiaraj, v. The Commissioner Of Police,

2016-10-21Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.10.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No. 1342 of 2016 A.CHRISTY S/O LATE AROCKIARAJ NO.51A NEW STREET PONMALAIPATTI TIRUCHIRAPPALLI 620 004 .. Petitioner vs.

1 THE COMMISSIONER OF POLICE TRICHY CITY O/O THE COMMISSIONER OF POLICE SUBRAMANIYAPURAM TIRUCHIRAPPALLI 620 021 2 THE INSPECTOR OF POLICE(L&O) PONMALAI TRICHY 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION PONMALAI TRICHY .. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus directing the respondents to produce the person or body of Petitioner s daughter Mrs. Suganthi Dayana aged about 30 years before this Court and set her at liberty.

For Petitioner :Mr.S.Vijayakumar For Respondents :Mr.A.Ramar for R1 & R2 Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Suganthi Dayana, aged about 30 years (Hereinafter referred to as 'the detenue'). The detenue is working as a Teacher in Ponmalai Depot of Southern Railway. According to the petitioner, she has been found missing from 06.09.2016 onwards. In this regard, on a complaint made, a case has been registered by the 2nd respondent. Since no action was taken, she has filed this Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/

2.Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the investigation has revealed that the detenue has eloped with one JeyaVeeraPandian, who is a co-employee of the detenue. The wife of Jeyaveerapandian has also made a complaint in Thiruthani Police Station, upon which, investigation is in progress. Since, it is a clear case of elopement of a married woman with another married man, there is no question of any illegal detention. Accordingly, this petition is dismissed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1 THE COMMISSIONER OF POLICE TRICHY CITY O/O THE COMMISSIONER OF POLICE SUBRAMANIYAPURAM TIRUCHIRAPPALLI 620 021 2 THE INSPECTOR OF POLICE(L&O) PONMALAI TRICHY 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION PONMALAI TRICHY

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

+1 cc to MR.S.VIJAYAKUMAR, Advocate Sr.No.62655 HCP.(MD)No.1342 of 2016 21.10.2016 SMA/CK/4.11.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/