Gowtham v. The Superintendent Of Police

H.C.P.(MD) No.730 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.730 of 2020 Gowtham ... Petitioner -vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

3.Rajasekaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the detenue namely Iswarya, aged about 24 years, W/o.Gowtham, D/o.Rajasekaran, before this Court and to set her at liberty.

For Petitioner : Mr.M.S.Jeyakarthik For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed seeking direction to the respondents 1 and 2 to produce the petitioner's daughter namely Iswarya, aged about 24 years before this Court and set her at liberty.

2.Heard Mr.M.S.Jeyakarthik, learned counsel appearing for the petitioner and Mr.V.Neelakandan, learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials available on record.

3.When this matter is taken up for hearing, the detenue namely Iswarya appeared before this Court through video conferencing. On enquiry, she has stated that she is living with her parents on her own volition and there is illegal detention as alleged by the petitioner herein. It is further stated that she filed H.M.O.P.No.97 of 2020 before the Sub Court, Uthamapalayam against the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.730 of 2020 for dissolution of the marriage.

4.In the light of the above statement of the detenue, we are of the opinion that no further enquiry is necessary in this petition and hence, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

rj2 To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

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

H.C.P.(MD) No.730 of 2020 24.09.2020 (CO) KB(05.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2