A. Palanisamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 14.08.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)NO. 770 OF 2019 A.Palanisamy ... Petitioner - Vs -

1. State rep. by The Superintendent of Police Trichy District, Trichy.

2. State rep. by The Inspector of Police Manapparai Police Station Trichy District.

3. Naveenkumar

4. A.Moorthi

5. Thangavel @ Ramamoorthi

6. Ranjithkumar

7. Annakodi

8. Shanthi

9. Jegadeeskumar

10. Sudhamani ... Respondents Petition filed under Article 226 of the Constitution of India praying this Court for the issuance of a writ of habeas corpus directing the respondents 1 & 2 to produce the body or person of the detenue, viz., Subalakshmi, D/o A.Palanisamy, aged about 21 years, from the illegal custody of respondents 3 to 10 before this Hon'ble Court, and set her at liberty.

For Petitioner : Mr. A.Joel Paul Antony For Respondents : Mr. K.Dinesh Babu, APP

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner is the father of the detenue, viz., Subalakshmi, aged about 21 years, who is also a graduate and according to the petitioner, the 3rd respondent is a married man, and he had abducted his daughter and alleging her illegal custody/detention at the hands of the 3rd respondent, came forward to file the present petition. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. Mr.Dinesh Babu, learned Addl. Public Prosecutor, who takes notice for the respondents 1 and 2, on instructions, submit that on an earlier occasion, the daughter of the petitioner - the detenue, had eloped with the 3rd respondent and in this regard, Palaviduthi police station registered a case in Crime No.105/2019 and subsequently traced the detenue and handed over her custody to her parents and once again the detenue had eloped with the 3rd respondent, who is a married man.

4. In the light of the above facts and circumstances, the detenue being a major and had left on her own volition, this Court is of the prima facie view that this habeas corpus petition is not maintainable and, accordingly, the same is liable to be dismissed.

5. Accordingly, this habeas corpus petition is dismissed. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police Trichy District, Trichy.

2. The Inspector of Police Manapparai Police Station Trichy District.

3. The Addl. Public Prosecutor Madurai Bench of Madras High Court Madurai.

H.C.P.(MD)NO. 770 OF 2019 14.08.2019 GLN MK (29.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/