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Madras High CourtHCP(MD)/1546/2021dismissed

Kalastin v. The Inspector Of Police

2021-10-20Honourable Mr Justice V. Bharathidasan,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P(MD)No.1546 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD).No.1546 of 2021 Kalastin ... Petitioner/Father of the Detenu -vs1. The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

(Crime No. 132 of 2021)

2. Ramkumar ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the first respondent to find the whereabouts of the petitioner's daughter by name Regisha, D/o. Kalastin, aged about 30 years and produce her body or in person before this Court and set her at liberty.

For Petitioner :

Mr.R.Jeyaraj For R1 :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Regisha, aged about 30 years, found missing from 02.08.2021, the petitioner has given a complaint before the first respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that the detenu is a married woman and she eloped with the second respondent on the earlier occasion, on the complaint given by the petitioner, she was secured and handed over to the petitioner. Once again, now, she left the house and eloped with the second respondent.

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H.C.P(MD)No.1546 of 2021

3. Considering the fact that the detenu has eloped with the second respondent and there is no illegal detention as alleged by the petitioner, this petition is not maintainable. Hence, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) akv/ebsi 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 Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

Copy to:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.1546 of 2021 20.10.2021 RD/JC(01.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2