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Madras High CourtHCP(MD)/1132/2021dismissed

Rokini v. The Superintendent Of Police

2021-08-11Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.1132 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1132 of 2021 Rokini ... Petitioner/Mother of the detenue -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Kottampatti, Madurai District.

3.Vellaisamy ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenu namely Periyanayagi, daughter of Rohini, aged about 22 years, before this Court and set her at liberty.

For Petitioner : Mr.T.Vadivelan For R1 & R2 : Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Periyanayagi, aged about 22 years, is found missing from 31.07.2021 and suspecting that the third respondent herein abducted her daughter, the petitioner has lodged a complaint before the second respondent police. But, so far no action has been taken by the respondent police to secure the detenu. Hence, the present Habeas Corpus Petition.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that the petitioner's daughter Periyanayagi got married to the third respondent and both of them appeared before Natham Police Station, Madurai, seeking protection from the police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1132 of 2021

3. Considering the fact that the detenu being the major and she married the third respondent, we find that the detenu is not illegally detained by the third respondent as alleged by the petitioner. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Kottampatti, Madurai District.

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

H.C.P.(MD) No.1132 of 2021 11.08.2021 RD(19.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2