Jothilakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Jothilakshmi ... Petitioner -vs1.State of Tamil Nadu rep by The Superintendant of Police, Pudukkottai District, Pudukkottai.

2.State rep by The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

3.Agamathan 4.Balagurunathan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents No.1 and 2 to produce the person

or body of Poornima, D/o.Rethinavel, aged about 20 years, daughter of the petitioner from the illegal custody of respondents No.3 and 4 before this Court and set her at liberty.

For Petitioner :

Mr.K.Asok Kumar Ram For R1 and R2 :

Mr.S.Ravi, Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This petition has been filed by the petitioner directing the respondents No.1 and 2 to produce the person or body of Poornima, D/o.Rethinavel, aged about 20 years, daughter of the petitioner from the illegal custody of the third and fourth respondents before this Court 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 3.The petitioner is the mother of the missing person alleging that her daughter aged about 20 years old was missing from 16.05.2025 and hence, she

gave a complaint before the second respondent. Since the second respondent has not taken any action, the present Habeas Corpus Petition is filed. 4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent, on instructions, submitted that the alleged missing person had fall in love with one Agamathan, S/o.Balagurunathan, third respondent herein, and that they have got married at Angalamman Kovil, Musiri, on 17.05.2025. Fearing her parents, the alleged missing person gave a complaint to all Women Police Station, Musiri. Pursuant to which, enquiry has been conducted in C.S.R.No.317 of 2025. The aforesaid information has already been informed to the petitioner and suppressing the same, the present Habeas Corpus Petition is filed.

5.During the enquiry, the alleged missing person gave a statement that she has also informed about the love affair with the third respondent to the petitioner and that her parents have not accepted the same and on fearing, the complaint has been given.

6.In view of the above, we are of the opinion that since the alleged missing person is a major, she is entitled to take her own decision and that there is no illegal custody of any person. Hence, the Habeas Corpus Petition stands closed.

[A.D.J.C., J.] [R.P., J.] 06.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No NS To:

1.State of Tamil Nadu rep by The Superintendant of Police, Pudukkottai District, Pudukkottai.

2.State rep by The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA , J.

NS 06.06.2025