Palaniyandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Palaniyandi ... Petitioner -vs1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Valavanthi Police Station, Valavanthi, Trichy District.

3.Kogulraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the body or person of the Detenue namely, Deepa aged about 19 years, Daughter of Palaniyandi before this Court and set her at liberty.

For Petitioner :

Mr.K.Arunraj For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor (for R1 & R2)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the habeas corpus petition is to direct the respondents to produce the petitioner's daughter, namely, Deepa aged about 19 years before this Court.

2.It is the case of the petitioner that his only daughter namely, Deepa was working in a cotton mill as Labour. As usual, she went for work in the month of June 2020, but she did not return back 1/3

to the home. It is also alleged that after three days from missing, the petitioner came to know that the third respondent married his daughter. Thereafter, he could not meet her. Hence, a complaint was lodged on 06.09.2020. Since no effective steps were taken, the present petition has been filed.

3.When the matter is taken up for hearing today, the detenue as well as the third respondent appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, they would say that both were working together in a cotton mill, where they fell in love with each other. On 03.07.2020, the detenue joined with the third respondent on her own volition and on the same day, marriage was performed before the Murugan Temple at Namakkal and thereafter, they appeared before the All Women Police Station, Namakkal and sought for protection and an enquiry was also conducted. It is further stated that on 24.08.2020, the marriage was registered with the Mohanur Sub Registrar Office and now both are working at Bangalore.

4.In view of the above submissions, no further adjudication is required. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) skn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Valavanthi Police Station, Valavanthi, Trichy District.

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

30.11.2020 PM(CO) TR(09.12.2020) 3P 4C 3/3