Madras High CourtHCP(MD)/869/2019disposed of

M.Arul v. The Superintendent Of Police

2019-08-29Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD)No.869 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.869 of 2019 M.Arul ... Petitioner Vs.

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

2.The Inspector of Police, Kadupatty Police Station, Kadupatty, Madurai District.

3.M.Prathap 4.Kulandhairaj 5.Anandh 6.Balu ... 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 secure the detenu, A.Rahini, aged about 19 years before this Court, illegally detained by the respondents 3 to 6 and set her at liberty forthwith.

For Petitioner : Mr.P.Pethu Rajesh For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.1 and R.2

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J) The petitioner is the father of the detenu viz., A.Rahini, aged about 19 years (date of birth is 29.09.2000) and alleging her illegal custody and detention at the hands of the third respondent, he came forward to file this Habeas Corpus Petition.

2. Heard the submissions of the learned Counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents 1 and https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.869 of 2019 2 and he would submit that based upon a complaint given by the petitioner, a case in Cr.No.198 of 2019 was registered on 26.08.2019 under Section 366 I.P.C. and also made a submission that the detenu has been traced and is produced before this Court.

3. The detenu is present along with the third respondent. The detenu, on interaction, would state that on her own volition, she left the parental home and got married to the third respondent and as of now, they are living as husband and wife and she expressed her disinclination to go with her parents, who are present before this Court.

4. In the light of the fact that the detenu is a major and also expressed her disinclination to go with her parents and that apart she is also studying third year B.Sc., this Court sets her at liberty, so as to enable her to take a call with regard to her future and well being.

5. The Habeas Corpus Petition stands disposed of accordingly.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kadupatty Police Station, Kadupatty, Madurai District.

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

+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-84247[F] dated 29/08/2019 ) SSL H.C.P(MD)No.869 of 2019 29.08.2019 KM/(10.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2