Mayilammal v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mayilammal ... Petitioner -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.
3.Saravanakumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the respondents 1 & 2 to produce the person or body of the petitioner's daughter/the detenu namely Priya Ranjani, D/o.Late.Thambidurai, aged 22 years before this Court and set her at liberty.
For Petitioner :Mr.G.Chandru For Respondents :Mr.R.Meenakshi Sundaram 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 mother of the detenu seeking to produce the alleged detenu namely Priya Ranjani, D/o.Late.Thambidurai, aged 22 years before this Court and set her at liberty.
2. The case of the petitioner is that she is a widow and she is working as a Junior Assistant in the Government Primary Health Center at Mukkudal. She has daughter namely Priya Ranjani, who is aged about 22 years. After the death of her husband, she has faced great difficulties to bring up her daughter. While so, on 18.03.2024 the third respondent, who was already a married person having two children, had come to the house of the petitioner and demanded her to give her daughter in marriage to him. When she refused, the third respondent threatened her stating that he is having the private pictures and videos of the
daughter and also abused the petitioner. On 20.03.2024 the petitioner gave a complaint to the Mukkudal Police Station, based on which, an enquiry was conducted and the third respondent had given an undertaking that he will not disturb the petitioner's daughter. While so, on 30.05.2024 the daughter of the petitioner was found missing and since she was not unable to find out the whereabouts, she has given a complaint to the second respondent and enquiry was conducted in CSR No.276 of 2024 and later a case in Cr.No.272 of 2024 was registered for "Woman Missing". Since the respondents have not taken any further steps to trace the detenu/missing person, the present habeas corpus petition has been filed.
3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that based on the complaint given by the petitioner, a case in Cr.No.272/2024 was registered and the detenu was traced at Chennai and she was found staying along with her friends and working in a private concern. During the enquiry, the missing person Priya Ranjani has stated that she was studying M.Sc (Criminology) in MS University and that she was in love with one Saravanan and her mother was in the
habit of abusing her and nagging and that she being unable to bear the harassment of her mother, had gone to Chennai on 30.05.2024 and stayed along with her friends and she had also stated that she is aged about 23 years and that she is not under the illegal custody of anyone. The petitioner has also appeared for enquiry and in the presence of the petitioner, enquiry was conducted and she is also aware that her daughter/missing person refused to go along with her and based on the same, Cr.No.272 of 2024 has been closed and the final report has been filed before the learned Judicial Magistrate, Cheranmahadevi finding that it is not a case of illegal detention.
4. Recording the submission of the learned Additional Public Prosecutor, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 10.07.2024 Index : Yes / No Internet : Yes / No am
To:
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
am 10.07.2024