Palanichamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P.(MD)No.1636 of 2018 Palanichamy ... Petitioner Vs.

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Palani Taluk Police Station, Dindigul District.

3. The Sub Inspector of Police, Palani Taluk Police Station, Dindigul District.

... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the body or peron of the detenu viz., Nagavalli, D/o. Palanisamy, aged about 25 years, produce her before this Court and set her at liberty.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH,J.] The petitioner, who is the father of the detenu has come forward to file this Habeas Corpus Petition seeking production of his daughter viz., Nagavalli before this Court and set her at liberty.

2. In the affidavit, it is averred that the petitioner's daughter viz., Nagavalli has completed B.E., degree and was searching for a job. On 11.11.2018, she informed the petitioner that she needs to go to Coimbatore for securing a job. Hence, the petitioner dropped her at V.K.Mills Bus Stop and there she boarded the bus proceeding to Coimbatore. While so, on the same day, at 2.30 p.m., he received a phone call from the second respondent police station stating that his daughter made a complaint against him. As per the instruction given by the second respondent, the petitioner along with his family appeared for enquiry. During enquiry, it was alleged that the petitioner is harassing his daughter, but he https://hcservices.ecourts.gov.in/hcservices/

refused to accept the same. On the same day, at 6.30 p.m., again the third respondent instructed the petitioner to appear for enquiry on the next day at 10.00 a.m. On the next day, he appeared for enquiry. Despite the petitioner's objection, the third respondent sent his daughter along with a lady viz, Leo claiming herself to be an Advocate. Hence, the petitioner has lodged a complaint before the respondents through registered post and requested them to find out the whereabouts of his daughter. Since no action has been taken by the respondents, the petitioner has filed the present Habeas Corpus Petition.

3. When the matter is taken up for consideration today, the detenu was produced before this Court by the respondent police and on enquiry, she had informed that unable to tolerate the harassment of her parents, she left the home and she is staying at Chennai and is working in a private company and she had also expressed her unwillingness to go along with the father.

4. Since the detenu is a major, she is having liberty to take her own decision and since the detenu has expressed her unwillingness to go with her father, we do not have any other alternative to close the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-I)) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Palani Taluk Police Station, Dindigul District.

3. The Sub Inspector of Police, Palani Taluk Police Station, Dindigul District.

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

+1cc to Mr.D.Venkatesh,Advocate Sr.No.96002 AKV KM/PM/SAR1/11.12.2018/2P/6C H.C.P.(MD)No.1636 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 19.11.2018