M.Palanisamy v. The Superintendent Of Police

H.C.P(MD)No.1422 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1422 of 2021 M.Palanisamy ... Petitioner/ Father of the detenu -vs1. The Superintendent of Police, Karur District, Karur.

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

3. Surveshsaran ... 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 to secure the petitioner's daughter namely Krishnaveni, D/o. Palanisamy, aged about 19 years, from the illegal custody of the third respondent and produce the person or body of petitioner's daughter before this Court and set her at liberty. For Petitioner :

Mr.R.Mathiyalagan For R1 & R2 :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Krishnaveni, aged about 19 years, was found and suspecting that the third respondent has abducted the girl, the petitioner has given a complaint before the second respondent police. But, so far no action has been taken by the respondents to secure the detenu. Hence, the present Habeas Corpus Petition.

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H.C.P(MD)No.1422 of 2021

2. Heard Mr.R.Mathiyalagan, learned counsel appearing for the petitioner and Mr.S.Ravi, learned Additional Public Prosecutor appearing for the first and second respondents.

3. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that the detenu earlier eloped with the third respondent on 08.08.2021 and on the complaint given by the petitioner, the second respondent police has secured her and handed over to the petitioner on 12.08.2021. Now, once again she eloped with the third respondent and left the house on 11.09.2021 and the respondent police are also conducting investigation to secure the detenu.

4. Considering the fact that the detenu is a major, she eloped with the third respondent and she is not illegally detained by the third respondent as alleged by the petitioner, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv/ebsi 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, Mayanur Police Station, Karur District.

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

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