A.Pandiarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.[MD].No.1522 of 2016 A.Pandiarajan : Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Madurai District, Surveyor Colony, Alagar Kovil Road, Madurai - 7.

2.The Inspector of Police, Alanganallur Police Station, Alanganallur, VadiPatti Taluk, Madurai District.

3.The Sub-Inspector of Police, Palamedu P.S., Palamedu, Alanganallur Union, Vadipatti Taluk, Madurai District.

4.A.Kandhasamy 5.Arumugam Pillai 6.Sitthan : Respondents/4 to 6 Accused PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the corpus of detenu Sri Bhava, aged 21 years, D/o.A.Pandiarajan from the illegal custody of the respondents 4 to 6 before this Court and set her at liberty. For Petitioner : Mr.C.R.Janakar For respondents : Mr.A.Ramar, 1 & 3 Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the father of one Sribhava. Her date of birth is 03.07.1991. She is now aged 22 years. According to the petitioner, the detenu was found missing from 24.09.2016 onwards. In this regard, he made a complaint to the Police and based on the same, a case has been registered in Crime No.174 of 2016 for woman missing. As no action was taken up by the official respondents, the petitioner has come up with this Habeas Corpus Petition.

2.Today, this Habeas Corpus Petition was taken up in the special list, on being mentioned by the learned Additional Public Prosecutor. The detenu was produced by the second respondent. She told us that on her own volition, she went out of her parental home and married one Kumar S/o.Madasamy on 03.09.2016 and from that day onwards, she has been living with her husband. She further told that she was not under illegal custody of anybody. The said statement is recorded.

3.Since the detenu is a major, this Habeas Corpus Petition is dismissed giving liberty to the detenu to choose her own way of life.

Sd/- Assistant Registrar(Admin) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Surveyor Colony, Alagar Kovil Road, Madurai - 7.

2.The Inspector of Police, Alanganallur Police Station, Alanganallur, VadiPatti Taluk, Madurai District.

3.The Sub-Inspector of Police, Palamedu P.S., Palamedu, Alanganallur Union, Vadipatti Taluk, Madurai District.

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

H.C.P.[MD].No.1522 of 2016 Dated: 28.11.2016 SMA/SKS-RR/02.01.2017:3P/5C