Ayyappan Ganesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1384 of 2018 Ayyappan Ganesan ... Petitioner -vs1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Eraniyal Police Station, Kanyakumari District.

3.Mathan Babu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the Respondents to produce the detenu or her corpus namely Aarthi, D/o. Ayyappan, aged about 19 years, before this Hon'ble High Court and set her at liberty forthwith.

For Petitioner :

Mr.S.Krishnan For Respondents 1 & 2 :

Mr.K.Dinesh Babu Additional Public Prosecutor For 3rd Respondent :

Mr.A.D.Ganeshamoorthy

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has filed this petition seeking production of his daughter and to set her at liberty, alleging that she is in the illegal custody of respondent No.3.

2.We have heard the petitioner and his wife on the one hand and the respondent No.3 and the detenue on the other hand. The respondent No.3 has married the detenue, who is a major. The detenue does not want to join the petitioner as of now. After a long discussion among themselves, it is agreed that the detenue may live with the respondent No.3 in his residence at Kanyakumari District. Thereafter, he would go back to his work in the gulf country and the petitioner and his wife would extend all cooperation to the detenu for completing her studies. The detenue is at liberty to live in the residential home of the respondent No.3. The petitioner and his wife assured us that they would not indulge in harassment of the detenue. https://hcservices.ecourts.gov.in/hcservices/

If the detenue or the respondent No.3 have any apprehension, they can always approach the official respondents who shall extent all possible help, is so required.

3.Accordingly, this Habeas Corpus Petition stands disposed of, more so, we do not find any illegal detention. Sd/ Assistant Registrar (Protocol) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Eraniyal Police Station, Kanyakumari District.

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

+1cc to Mr.A.D.Ganeshamoorthi, Advocate, SR.No.89637 H.C.P.(MD) No.1384 of 2018 09.10.2018 sj KK/SV/SAR-4/31.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/