P. Palaniyappan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.758 of 2025 P.Palaniyappan ... Petitioner/ Father of the detenue -Vs1.The Superintendent of Police, Karur District.

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

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 herein to secure and produce the body or person of the detenue, by name Sasikala daughter of Palaniyappan, aged 18 years before this Court and set her at liberty. For Petitioner : Mrs.N.Juliet Latha For R1 & R2 : Mr.B.Nambi Selvan Additional Public Prosecutor For detenue : Mr.Saha

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking for a direction to direct the respondents 1 & 2 herein to secure and produce the body or person of the detenue, by name Sasikala daughter of Palaniyappan, aged 18 years before this Court and set her at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.

3. The case of the petitioner is that his daughter, aged 18 years was found missing on 16.06.2025. While so, his missing daughter called the elder daughter and told her that she was kidnapped by one Vairavan, Son of Pattaiyarkoli. On 17.06.2025 the petitioner's wife had given a complaint to the second respondent police and based on the complaint, the petitioner and his wife were called by All Women Police Station, Kulithalai. The petitioner and his wife had seen their daughter in the police station and the police threatened them with local politicians and thereby, the petitioner has approached the first respondent. Since no action has been taken by the police to secure the missing person, the petitioner has filed the present habeas corpus petition.

4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 & 2, on instructions, would submit that based on the complaint given by the petitioner an enquiry was conducted in C.S.R.No.275 of 2025 by Thogaimalai Police Station. During the enquiry, it came to light that the missing person married one Vairavan of the same village and the missing person had given a complaint before the All Women Police Station, Thogaimalai stating that her parents are objecting to the marriage and that they are threatening. Based on the complaint given by the petitioner, enquiry has been conducted in the presence of the petitioner.

5. The petitioner very well knowing the fact that his daughter is aged about 18 years and she married one Vairavan on her own volition. The alleged detenue is also present before this Court along with her husband Vairavan. She informed that her parents were aware of the love affair with the said Vairavan and they have objected to the same and hence, on her own volition she had gone out of the home and married the Vairavan at Ayyarmalai Rathnagireeswarar Temple. Since her parents threatened her, she had given a complaint to the respondents police, based on the complaint, an enquiry was conducted. She further stated that she is not in the illegal custody of Vairavan.

6. Recording the submission of the detenue, this habeas corpus petition is closed.

7. Today, the petitioner and his wife also present before this Court and their conduct before this Court is not appreciable. Therefore, we direct the Deputy Superintendent of Police, Kulithalai to give appropriate protection to the Sasikala person and her husband Vairavan.

[A.D.J.C., J.] & [R.P., J.] 02.07.2025 NCC:Yes/No Index:Yes/No am To 1.The Superintendent of Police, Karur District.

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

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

Copy To The Deputy Superintendent of Police, Kulithalai

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

am H.C.P(MD)No.758 of 2025 02.07.2025