N.Sankaran v. The Inspector Of Police
H.C.P.(MD)No.623 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.(MD)No.623 of 2019 N.Sankaran : Petitioner Vs.
1.The Superintendent of Police, Office of District Police Superintendent Virudhunagar.
2.The Inspector of Police, North Police Station, Rajapalayam.
3.Selvendran : 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 person or body of the detenue namely, Ajithasri D/o.N.Sankaran, the petitioner herein and D/o.Renukadevi, aged about 19 years before this Court and set her at liberty. For Petitioner : Mr.S.Mahalingam For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor
ORDER
This Habeas Corpus Petition has been filed to direct the respondents to produce the detenue, who is the daughter of the petitioner.
2. Notice was ordered to the official respondents and status report has been filed by the second respondent.
3. The relevant portions in the status report is extracted hereunder:
"6.I humbly submit that investigation revealed that the detenue was in love with the 3rd respondent and the parents of the detenue remonstrated her https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD)No.623 of 2019 relationship and the detenue left her parental home and went to her friend's house at Sivakasi and on 20.04.2019 appeared before the respondent police and was handed over to her parents. Further, 'action drop' of further investigation was initiated under intimation to the petitioner in R.C.Notice No.08/2019 vide serial number 939408 and submitted before the learned Judicial Magistrate, Rajapalayam.
7.I humbly submit that, at this juncture, on 21.05.2019 at about 4.00 p.m., the detenue left the home on the pretext of buying vegetables, did not return for long. It is also alleged that the detenue was wearing 7.5 sovereigns gold ornaments. Upon enquiry, I came to know that the detenue Ajithasri fell in love with 3rd respondent and were planning to get married. Further, it is submitted this is the second instance of missing within one month period."
4. In view of the above, nothing remains to be decided in this Habeas Corpus Petition and the detenue being a major, has chosen to go along with the third respondent and this issue cannot be decided in this petition.
5. In view of the above, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Office of District Police Superintendent Virudhunagar.
2.The Inspector of Police, North Police Station, Rajapalayam.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in H.C.P.(MD)No.623 of 2019 Dated: 09.09.2019 RR JMN(19.09.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2