Vanarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA Vanarajan ... Petitioner -vs1.The Superintendent of Police O/o.Superintendent of Police Madurai District 2.The Sub Inspector of Police M.Kallupatti Police Station Madurai District 3.The Inspector of Police All Women Police Station Usilampatti, Madurai District 4.The Sub Inspector of Police Vachakarapatti Police Station Virudhunagar District 5.Kili 6.Orkavalan 7.Orkalli ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent to produce the person or the body of detenue namely Vaitheeswari, daughter of Vanarajan, aged about 18 years, before this Court and set her at liberty. For Petitioner :

Mr.Ganesh Prabu.R.

For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor for R1 to R4

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his daughter Vaitheeswari, aged 18 years, went missing from 04.06.2022 and that the police are not taking effective steps to secure her. Hence, the present habeas corpus petition has been filed.

2.

Today, Mr.M.Ganesan (9498181811), Head Constable, M.Kallupatti Police Station, Madurai District and the petitioner are present before this Court.

3. The police produced Vaitheeswari before us. When we enquired her, she (Vaitheeswari) stated that her date of birth is 19.04.2004; she fell in love with the fifth respondent and got married to him on 05.06.2022. She (Vaitheeswari) firmly told us that she will go with only the fifth respondent and not with the petitioner. Hence, we find that Vaitheeswari is not in the illegal custody of the respondents and we cannot force her to go with the petitioner.

4. Recording the above submission of Vaitheeswari, the habeas corpus petition is closed.

[P.N.P., J.] [R.H., J.] 18.08.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The Superintendent of Police, O/o.Superintendent of Police, Madurai District.

2.The Sub Inspector of Police, M.Kallupatti Police Station, Madurai District.

3.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

4.The Sub Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

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

P.N.PRAKASH , J.

and R.HEMALATHA, J.

krk 18.08.2022