A.Balamurugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR A.Balamurugan ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the body or person of the petitioner's daughter namely Alagumeena (Detenu) D/o.A.Balamurugan, aged about 22 years, before this Court and set her at liberty.

For Petitioner :Mr.S.Sivakumar For R1 & R2 :Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the father of the detenu seeking to produce the alleged detenu namely Alagumeena, D/o.A.Balamurugan, aged about 22 years, before this Court and set her at liberty.

2. The case of the petitioner is that his daughter B.Alagumeena, aged about 22 years was found missing from 17.06.2024. The petitioner went for a engagement function at Thirubuvanam town and during such time, he had received an information from his wife that his daughter was missing from his house. On perusing the CCTV footage it is seen that two persons have forcibly taken his daughter by vehicle, immediately, he had given a complaint to the Y.Othakkadai Police Station. The respondent police have not taken any action to secure his daughter, hence, the petitioner has filed the present habeas corpus petition.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents would submit that the alleged detenu is aged about 22 years. She had gone out of the house on her own volition and she got married one Sridhar, aged 23 years, S/o.Duraimurugan and she also intimated to the police that she married one Sridhar and she has also sent some marriage photos. He would further submit that the detenu fearing that there will be some harm to her from the petitioner, if she appears before the police, has avoided to meet the petitioner. He would further submit that the alleged detenu is 22 years and she has also given a statement that she is not in illegal detention of anybody.

4. From the above facts it is seen that there is no illegal detention involved in this case, hence, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 27.06.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 27.06.2024