Abdul Azeez v. The Commissioner Of Police

H.C.P.(MD) No.1342 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1342 of 2021 and Crl.M.P.(MD).No.6911 of 2021 Abdul Azeez ... Petitioner -vs1.The Commissioner of Police, Trichy City, Trichy.

2.The Additional Commissioner of Police, Trichy City, Trichy.

3.Sundaramoorthi 4.The Inspector of Police, Thillai Nagar Police Station, Thillai Nagar, Trichy City.

5.Surendiran 6.Raja 7.Parthiban ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 police to produce the body or corpus of the detenue viz., Fathima Beevi (Age 24 years old), D/o Abdul Azeez, before this Court and set her liberty.

For Petitioner :

Mr.P.M.Vishnuvarthanan For R1, R2 & R4 :

Mr.A.Thiruvadikumar 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 daughter by name Fathima Beevi, aged about 24 years, found missing and suspecting that the fifth respondent has abducted her, the petitioner has lodged a complaint before the fourth respondent. But, no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

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H.C.P.(MD) No.1342 of 2021

2. When the matter is taken up for hearing today, the fourth respondent police produced the detenu Fathima Beevi before this Court. On enquiry, she has stated that she has completed Engineering degree and working in a Company at Trichy and she is living on her own in a Ladies Hostel at Madurai and she is not illegally detained by anybody. Further stated that, she is not willing to go with her parents.

3. The statement of the detenu would show that she is not in illegal detention as alleged by the petitioner and she is a major. Hence, the Detenu is set at liberty and the Habeas Corpus Petition is closed. Consequently, the connected M.P's are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/akv 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 Commissioner of Police, Trichy City, Trichy.

2.The Additional Commissioner of Police, Trichy City, Trichy.

3.The Inspector of Police, Thillai Nagar Police Station, Thillai Nagar, Trichy City.

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

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate (SR-28977[F] dated 14/09/2021) ORDER MADE IN H.C.P.(MD) No.1342 of 2021 13.09.2021 GC(21.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2