Chandran v. The Superintendent Of Police

H.C.P.(MD) No.1051 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.1051 of 2020 Chandran ... Petitioner -vs1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

3.Muruganantham 4.Rajalingam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body of the petitioner's daughter named Lavanya daughter of Chandran aged about 22 years old before this Court and set her at liberty.

For Petitioner :

Mr.V.Karuna For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor (for R1 & R2) Mr.M.Saravanan (for R3 and R4)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter namely, Lavanya aged about 22 years before this Court and set her at liberty.

2.It is the case of the petitioner that the detenue Lavanya, after successfully completing her graduation, was working in OMEGA Health Care Company at Trichy. Due to Covid -19, she was working from her residence. While so, she was missing from 05.11.2020. It is also stated the petitioner got information that the third respondent kidnapped her daughter and she is kept in the illegal detention. Hence, a complaint has been lodged with the second respondent on 07.11.2020. Since no effective steps were taken to secure the detenue, the present petition has been filed. 3.Heard Mr.V.Karuna, learned counsel for the petitioner and https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1051 of 2020 Mr.K.Dinesh Babu, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.M.Saravanan, learned counsel for the respondents 3 and 4.

4.When the matter is taken up for hearing today, the petitioner, the detenue and the third respondent appeared through video conferencing. On enquiry, the detenue would state that on her own volition, she left from her parents on 05.11.2020 and married the third respondent on 06.11.2020. It is also stated that the detenue and the third respondent approached the All Women Police Station, Cantonment, Trichy for protection. During the enquiry, the petitioner failed to appear before the police. She further stated that she is not under the illegal custody of the private respondents as alleged by the petitioner.

5.In the light of the above statement, no further adjudication is required. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (Crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) skn 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, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

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

+1 CC to M/s.V. KARUNA, Advocate ( SR-23723[F] dated 02/12/2020 ) +2 CC to M/s.M.SARAVANAN, Advocate ( SR-23770[F] dated 03/12/2020 ) H.C.P.(MD) No.1051 of 2020 01.12.2020 (CO) KK(10.12.2020) 2 P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2