S.Arul v. The Inspector Of Police

H.C.P.(MD) No.977 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.977 of 2020 S.Arul ... Petitioner -vsThe State, represented by The Inspector of Police, Aundipatti Police Station, Theni District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondent herein to produce the person or body of the Petitioner's daughter namely Ramya, daughter of Arul, aged about 19 years and set her at liberty.

For Petitioner : Mr.T.Sugadev For Respondent : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the Habeas Corpus Petition is to direct the respondent to produce the Petitioner's daughter Ramya, aged 19 years and set her at liberty.

2.It is the case of the Petitioner that he is an agriculturist and he is having two daughters and one son. The elder daughter Ramya, who is doing Bachelor Degree in Computer Science was found missing from 1.8.2020 and a case was registered in C.S.R.No.414 of 2020, on the file of the respondent-Police. Since no effective steps were taken by the respondent to trace the detenue, the present Habeas Corpus Petition has been filed. 3.When the matter is taken up for hearing today, Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondent/State would state that during enquiry, it was found that the detenue is 22 years old and she eloped with one Mohan and https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.977 of 2020 they went to the state of Kerala and they got married in Sri Karumariyamman Temple, Chandravanam Estate, Kerikara Post, Kerala. It is also stated that the respondent-Police took the Petitioner to the State of Kerala and during enquiry, the detenue refused to go with the Petitioner. The statement of the learned Additional Public Prosecutor is not disputed by the learned counsel for the Petitioner.

4.In the light of the above facts, nothing survives for consideration 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 COVID19 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 Inspector of Police, Aundipatti Police Station, Theni District.

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

ORDER MADE IN H.C.P.(MD) No.977 of 2020 08.12.2020 KMV(CO) CS(21.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2