K.Ganesan v. The Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Ganesan ... Petitioner vs.

1.The Inspector General, South Zone, Race Course Colony, 2.The Commissioner of Police, Madurai City.

3.The Superintendent of Police, Dindigul District, Dindigul.

4.The Inspector of Police, Keeraidurai Police Station, 5.Perumalraj ... Respondents Prayer :- Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's daughter, the detenue Vasanthi, D/o.Ganesan (aged about 35 years) and minor granddaughter Priyadharshini (aged about 8 years) before this Court and set them at liberty. 1/5

For Petitioner : Mr.S.Sivakumar For Respondents 1 to 4 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) When the petitioner's daughter namely, Vasanthi, aged about 35 years and his minor granddaughter namely, Priyadharshini, aged about 8 years, went missing from the second week of May, 2023 and could not be traced, he had given a complaint to the fourth respondent Police on 08.07.2023, which was registered on the same day in Crime No.627 of 2023 under 'Woman Missing/Girl Missing'. Since there was not much progress in the investigation, the present Habeas Corpus Petition is filed.

2. Pending the Habeas Corpus Petition, we have directed the respondent Police to secure the petitioner's daughter and granddaughter and accordingly, today both of them were produced before us.

3. The learned Additional Public Prosecutor for the respondents 1 to 4 submitted that the petitioner's daughter and granddaughter were in the custody of the fifth respondent herein, from whom, the fourth respondent Police had secured them. 2/5

4. We spoke with the petitioner, as well as his daughter. The petitioner's daughter expressed that she intended to live with her father/petitioner along with her minor daughter namely, Priyadharshini. The petitioner has also stated that he would take care of his daughter, as well as his granddaughters.

5. When the petitioner's daughter, who is a major, had taken a decision on her own free will and consent and expressed her views to live with her father/petitioner, the grievance of the petitioner has already been met. Hence, no further orders are required in this Habeas Corpus Petition. Accordingly, this Habeas Corpus Petition stands closed.

NCC : Yes / No [M.S.R., J.] [M.N.K., J.] Index : Yes / No 12.07.2023 smn2 To 1.The Inspector General, South Zone, Race Course Colony, 2.The Commissioner of Police, Madurai City.

3.The Superintendent of Police, Dindigul District, Dindigul.

4.The Inspector of Police, Keeraidurai Police Station, 3/5

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

M.S.RAMESH , J.

and M.NIRMAL KUMAR, J.

SMN2 ORDER MADE IN DATED : 12.07.2023 5/5