R.Kala v. The Superintendent Of Police

H.C.P.[MD]No.1017 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.[MD]No.1017 of 2022 R.Kala : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai.

: Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 herein to produce the body and person of Nesapriya, D/o. Ravichandran, aged about 23 years herein before this Court and set her at liberty.

For Petitioner : Mr.S.Arunnithy For Respondents 1&2 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] It is a second Habeas Corpus Petition and the first one in H.C.P.[MD]No.1417 of 2021 has been dismissed by this Court on 23.09.2021.

2.It is the case of the petitioner that her daughter Nesapriya aged about 23 years went missing from 13.08.2021 and thereafter, her whereabouts are not known. On the complaint given by the petitioner a case in Melur Police Station in Crime No.525 of 2021 was registered on 13.08.2021 for 'woman missing'. 3.Heard Mr.S.Arunnithy, learned Counsel appearing for the petitioner and Mr.T.Senthil Kumar, learned Additional Public Prosecutor who accepts notice on behalf of the respondents 1 and 2. 4.Today, Mr.Balakrishnan [Mobile No.9498181943] Sub-Inspector of Police, Melur Police Station, Madurai District, is present before this Court.

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H.C.P.[MD]No.1017 of 2022 5.On instructions, learned Additional Public Prosecutor submitted that Nesapriya was in love with one Pradeep Pandian and has got married to him on 13.08.2021 and that it is an inter-caste marriage. After their marriage, the couple appeared before the Inspector of Police, All Women Police Station [Central], Coimbatore on 13.08.2021 and sought protection.

6.In fact, even in the order dated 23.09.2021, in H.C.P.[MD] No.1417 of 2021, the fact that Nesapriya had got married to Pradeep Pandian on 13.08.2021 has been recorded. It is not the case of the petitioner that Nesapriya is in the illegal custody of the respondents 1 and 2 herein for issuance of a Writ of Habeas Corpus. 7.Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CO) // True Copy // /07/2022 Sub Assistant Registrar(CS) MR To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai.

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

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