J.James Sahayaraj v. The Superintendent Of Police

H.C.P.(MD) No.1196 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1196 of 2020 J.James Sahayaraj ... Petitioner/Father of the Detenu -vs1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

3.T.Jackson 4.Jelthru ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondent 1 and 2 herein to produce the body or person of the detenue/daughter of the petitioner namely, Naveena Mary, daughter of James Sahayaraj aged about 22 years before this Court from the illegal custody of the respondents 3 and 4 and set at her liberty. For Petitioner :

Mr.J.Anankumar For Respondents :

Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has come forward with this petition seeking a direction to the respondents 1 and 2 to produce his daughter, namely, Naveena Mary aged about 22 years before this Court from the illegal custody of the respondents 3 and 4 and set her at liberty. 2.It appears that the third respondent is the son in law of the petitioner and the detenu was married in the year 2018. During the lawful wedlock, they also blessed with a male child by name, Lio Ignisios on 17.02.2019. The petitioner would state that in March 2019, the detenue along with child had gone to the house of the respondents 3 and 4, but subsequently, there is no contact from them https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1196 of 2020 and hence, he lodged a complaint with the second respondent on 21.06.2019. Since no action was taken by the official respondents, the present habeas corpus petition has been filed. 3.When the matter is taken up for hearing, the petitioner, the third respondent appeared before this Court along with the detenue. On enquiry, the detenue would state that she is now happily residing with her husband, the third respondent at Palakad in Kerala. 4.In the light of the above statement of the detenue, we find no merit in this habeas corpus petition. Hence, the same is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) skn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

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

H.C.P.(MD) No.1196 of 2020 08.01.2021 (SVN)CO AP(29/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2