R.Kannan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR R.Kannan ... Petitioner -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the official respondents to produce the person or body of detenu namely Jeyapriya D/o.Kannan, aged about 18 years before this Court and set her at liberty.
For Petitioner :Mr.K.K.Samy For Respondents :Mr.RMS.Sethuraman Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the father of the detenu seeking to produce the person or body of the petitioner's daughter Selvi Jeyapriya, aged about 18 years, before this court.
2. The case of the petitioner is that his daughter Jeyapriya born on 25.10.2005 and she was living with his sister-in-law at Veerakulam. While so, on 13.05.2024 night hours his sister-in-law has found his daughter as missing. Based on the complaint given by the petitioner, a case in Cr.No.216 of 2024 has been registered under 'Woman Missing'. During the course of investigation, the petitioner came to know that his daughter developed love affair with one Vishnu.V.M and she had eloped with the said Vishnu. Since, the respondent police have not taken any steps to find out the whereabouts of his daughter, he has filed the present habeas corpus petition.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, a case in Cr.No.216 of 2024 has been registered for 'women missing'. During the course of investigation, it came to light that the petitioner's daughter had developed love affair with one Vishnu, who is known to the petitioner's family and that he has asked the petitioner to perform the marriage between them, whereas, the petitioner had refused and thereafter, his daughter had left the home on her own volition and joined with the said Vishnu. Subsequently, the said Vishnu and the detenu Jeyapriya got married on 16.05.2024 at Attinakkara Sree Bhadrakali Durgadevi Temple Trust, Elamba-Mudakkal Village, Chirayinkeezhu Taluk, Thiruvananthapuram District and the marriage was also registered by the Government of Kerala, Department of Panchayat.
4. Today, the respondent police has produced the detenu along with her husband namely Vishnu V.M.
5. We enquired the alleged detenu. She submitted that the said Vishnu and his family members are known to her parents and that she had
developed love affair with him. Since the parents of the detenu refused to perform the marriage between them, she went along with the said Vishnu and got married and she is not illegally detained by any one. She is expressed her willingness to go along with the said Vishnu. The parents of the detenu and the said Vishnu were present before this Court.
6. The parents of the Vishnu namely T.Murugan and T.Vasantha have submitted that they are aware of the marriage of their son.
7. In view of the above, we find that there is no illegal detention involved in this case, hence, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 13.06.2024 Index : Yes / No Internet : Yes / No am
To:
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
am 13.06.2024