Krishn Kumari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Krishna Kumari ... Petitioner -vs1.The Superintendent of Police Dindigul District Dindigul 2.The Inspector of Police Shanarpatti Police Station Dindigul 3.Sasikumar 4.Suresh 5.Karthick 6.Kuppandi 7.Muthusamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent to produce the person or body of the petitioner's daughter, namely, Ramya, aged about 20 years and produce before this Court and set her at liberty. For Petitioner :

Mr.K.Sivabalan For Respondents :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the second respondent to secure her daughter, namely, Ramya, aged about 20 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner that her daughter was studying first year in S.M.R.V. I.T.I. College at Nagercoil. During March, 2024, the third respondent had abducted her daughter and based on the complaint given by the petitioner, her daughter was rescued from the third respondent by the second respondent - Police. Again on 30.03.2024, she went missing, thereby,

the petitioner lodged a complaint before Eraniel Police Station and based on her complaint, her daughter was rescued from the third respondent by the Eraniel Police. On 22.05.2024, while her daughter was returning back to her native village, the respondents 3 to 7 had abducted her in Madurai Railway Station and thereby, seeking to secure her daughter from the respondents 3 to 7, the petitioner gave a complaint before the first respondent on 27.06.2024. However, the respondent - Police had not taken any action to secure her daughter from the custody of the respondents 3 to 7, thereby, she has filed this habeas corpus petition.

3. Today, the respondent - Police have produce the alleged missing person before this Court.

4. On enquiry, the alleged missing person would submit that she got friendship with the third respondent through Instagram and thereafter, they were in love with each other. Since it came to be known to her parents, they had harassed her and thereby, she went out of the home on her own volition. Now, she has married the third respondent and she is living with him in Sanarpatti, Dindigul District. The respondent - Police have secured her from the house of the third respondent and produced before this Court. She

would further submit that she is a major and she is not in illegal detention of anybody.

5. In view of the above submission of the alleged missing person, we are of the view that she is not in illegal detention of anybody.

6. Accordingly, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] 11.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Shanarpatti Police Station, Dindigul.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 11.07.2024