Sarasu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sarasu ... Petitioner -vs1.The Superintendent of Police Ramanathapuram District Ramanathapuram 2.The Inspector of Police Devipattinam Police Station Ramanathapuram District 3.Thulasi Dasan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the petitioner's daughter, namely, Anupriya, daughter of Muniyasamy, aged 19 years, or her body before this Court and set her at liberty.

For Petitioner :

Mr.M.Jerin Mathew For Respondents :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 and 2 to secure her daughter, namely, Anupriya, aged about 19 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner, the detenue is her daughter and she was studying B.Com., 2nd year, in Seyyad Ammal Arts and Science College, Kootampuli, Ramanathapuram District. While so, she is missing from 03.06.2024 and though she searched for her, she could not trace her whereabouts. Later, she came to know that the third respondent had taken her daughter to somewhere. Hence, her husband lodged a complaint before the second respondent - Police. Though a case in Crime No.186 of 2024 was registered, no effective steps were taken thereafter to trace the whereabouts of the detenue. Hence, this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that the petitioner is a major and she got married with the third respondent and they approached Periakulam Vadakarai Police Station seeking protection. In this regard, on 07.06.2024, the petitioner and her husband appeared for enquiry before Periakulam Vadakarai Police and during such time, their daughter refused to go along with her parents. Hence, he came to the second respondent - Police Station on 08.06.2024 and requested the Police not to take further action based on his complaint already given.

4. In view of the above submission of the learned Additional Public Prosecutor, finding that the petitioner's daughter is not in illegal detention of anybody, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] 30.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 30.07.2024