M.Sankaranarayanan v. The Superintendent Of Police
H.C.P.(MD) No.861 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.861 of 2020 M.Sankaranarayanan ... Petitioner/Father of the detenue -vs1.The Superintendent of Police, Madurai District.
Madurai.
2.The Inspector of Police, Usilampatty Police Station, Usilampatty, Madurai (District). ... 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 Aananthi, daughter of Sankaranarayanan, aged about 17 years before this Court and set her at liberty and handover the custody to the Petitioner. For Petitioner :
Mr.V.Selvakumar For Respondents :
Mr.K.Dinesh Babu 1 and 2 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 for a direction to the respondents 1 and 2 to produce the Petitioner's daughter namely, Aananthi, aged 17 years before this Court and set her at liberty.
2.The Petitioner would state that the detenue was studying at Government Kallar Government Higher Secondary School, Poochipatti, Madurai District and she was missing from 25.09.2020 and in this regard, a criminal case in Crime No.1357 of 2020 has been registered under the caption ''Woman Missing''. Since no action was taken by the official respondents, this Habeas Corpus Petition has been filed.
3.When the matter is taken up for hearing today, the detenue as well as the Petitioner appeared before this Court through video-conferencing from the Additional Public Prosecutor's Office. Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.861 of 2020 the respondents 1 and 2 would state that the detenue is only 16 years old girl and her Date of Birth is 21.05.2004. She eloped with one Gunasekaran on 21.5.2019 and they were secured in Coimbatore on 27.10.2020. Thereafter, relevant sections were altered in Crime No.1357 of 2020 and the said Gunasekaran was remanded to judicial custody. On enquiry, the detenue would state that she is willing to go with her father, the Petitioner herein.
4.In the light of the above statement made by the detenue, this Court is of the view that no further adjudication is required in this Habeas Corpus Petition and accordingly, the same stands dismissed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn 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, Usilampatty Police Station, Usilampatty, Madurai (District).
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai H.C.P.(MD) No.861 of 2020 04.11.2020 BK(CO) KK(11.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2