Madras High CourtHCP(MD)/1700/2018closed

Velayutham v. The Superintendent Of Police

2018-11-28Honourable Mr Justice R.Subbiah,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI H.C.P.(MD)No.1700 of 2018 Velayutham : Petitioner Vs.

1. The Superintendent of Police, Ramnad District.

2. The Inspector of Police, Peraiyur Police Station, Ramnad District.

3. Arunraj : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the detenu or her corpus, namely, Muthumari, D/o.Velayutham, female, aged about 25 years before this Court and set her at liberty forthwith.

For Petitioner : Mr.A.Uthayakumar For Respondents : Mr.D.Dinesh Babu for R1 & R2 Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SUBBIAH, J] This Habeas Corpus Petition has been filed by the petitioner to produce his daughter, namely, Muthumari, aged 25 years.

2. The petitioner is the father of the detenu, namely, Muthumari. It is stated that she was found missing from 05.11.2018. Therefore, the petitioner has lodged a complaint with the respondent police and since no effective steps were taken, he is before this Court with this petition.

3. The learned Additional Public Prosecutor submitted that this is the second elopment and in an earlier occasion, when the detenu eloped with the third respondent, leaving her husband and two children, she has been secured and handed over to the petitioner and now, again, she eloped with the third respondent https://hcservices.ecourts.gov.in/hcservices/

and on the strength of the complaint given by the petitioner, a case has been registered against the third respondent in Crime No.58/2018.

4. In view of the above, since the detenu is in the habit of eloping with the third respondent again and again and since there is no illegal detention, this Court is not inclined to entertain this Habeas Corpus Petition. Accordingly, this petition is dismissed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police, Ramnad District.

2. The Inspector of Police, Peraiyur Police Station, Ramnad District.

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

Rr MK/ES/RSK/SAR 2/27.12.2018/2P/4C Order made in H.C.P.(MD)No.1700 of 2018 28.11.2018 https://hcservices.ecourts.gov.in/hcservices/