Mrs.N.L.Naga Nanthini v. The Commissioner Of Police

H.C.P.(MD) No.1056 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.1056 of 2020 N.L.Naga Nanthini ... Petitioner/Mother of the detenue -vs1.The Commissioner of Police Madurai City 2.The Inspector of Police Anna Nagar Police Station Madurai City 3.S.Santhosh Kumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the 1st and 2nd respondents to produce the detenue or bring the body of petitioner's daughter namely N.R.Nivetha, daughter of N.L.Rajan, aged 25 years, before this Court and set her liberty.

For Petitioner : Mr.R.M.Makesh Kumaravel For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce her daughter, namely, N.R.Nivetha, aged 25 years, before this Court and set her at liberty.

2. It is the case of the petitioner that she is practising as Psychologist and her daughter, namely, Nivetha was working as Software Engineer at Chennai, where the third respondent - Santhosh Kumar was also working. It is alleged by the petitioner that the third respondent by compulsion developed relationship with her daughter - Nivetha and she is being tortured by the third respondent, his mother and brother. Hence, the detenue complained to the petitioner over Phone. Subsequently, the petitioner was not able to contact her daughter and her Phone is always switched off.

3. Today, when the matter is taken up for hearing, the petitioner, the third respondent and the detenue appeared before https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1056 of 2020 this Court through Video Conferencing. On enquiry, the detenue would state that she had love affair with the third respondent for the past five years, but it was not accepted by her family members and hence, she on her own volition joined with the third respondent, married him on 27.11.2020 and residing in his own house at Saravanampatti in Coimbatore.

4. In the light of the above statement of the detenue, the habeas corpus petition is dismissed.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

krk To:

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

+1 CC to M/s.R.M.MAKASH KUMARAVEL, Advocate ( SR-23463[F] dated 01/12/2020 ) H.C.P.(MD) No.1056 of 2020 30.11.2020 na(CO) KK(10.12.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2