C.Machakkalai v. The Superintendent Of Police

H.C.P.(MD) No.1256 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1256 of 2021 C.Machakkalai ... Petitioner/Father of the detenu -vs1.The Superintendent of Police, O/o.Superintendent of Police, Madurai District, Madurai.

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

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the Respondents to produce body or person of the Petitioner's son namely M.Singaraja, aged about 22 and daughter-in-law Sasikala, aged 21 before this Hon'ble High Court and set them at liberty. For Petitioner :

Mr.M.Ganeshkamu For Respondents :

Mr.RMS.Sethuraman Standing counsel for the State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's son M.Singaraja, aged about 22 years, married one Sasikala, aged about 21 years and it is a intercaste marriage and the whereabouts of the couple are not known, this Habeas Corpus Petition has been filed.

2.When the matter was taken up for hearing today, Mr.RMS.Sethuraman, learned Standing counsel appearing for the State, on instructions submitted that the petitioner's son and Sasikala loved each other and they got married. Since it is an inter-caste marriage, they apprehend that their life is at danger at the hands of the petitioner and they have sent a letter to the second respondent seeking protection.

3.Considering the fact that petitioner's son and daughter-inlaw are not under illegal custody, this Court is of the view that https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1256 of 2021 this Habeas Corpus Petition is not maintainable. Accordingly, the Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 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 Superintendent of Police, O/o.Superintendent of Police, Madurai District, Madurai.

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

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

ORDER MADE IN H.C.P.(MD) No.1256 of 2021 06.09.2021 RS (17.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2