A.Thirumurugan v. The Superintendent Of Police

H.C.P.(MD) No.1201 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1201 of 2020 A.Thirumurugan ... Petitioner -vs1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram 2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

3.Kumar @ Vijayakumar ... 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 Ramya Prabha daughter of A.Thirumurugan aged about 22 years or her body before this Court and set her liberty based on the FIR in Crime No.463 of 2020 dated 27.11.2020 the petitioners representation dated 13.12.2020.

For Petitioner :

Mr.S.Sivaprakash For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor (for R1 and R2)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's daughter namely, Ramya Prabha, aged about 22 years before this Court and set her at liberty.

2.The petitioner would state that his daughter, the detenue herein is aged about 22 years and she has successfully completed B.Sc., and now she is attending TNPSC coaching classes at https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1201 of 2020 Ramanathapuram. He would further state that his daughter was missing from 25.11.2020 and hence, he lodged a complaint with the second respondent and the same was registered in Crime No.4363 of 2020 on 27.11.2020 under 'Women Missing'. He would further state that he came to know that the third respondent kidnapped his daughter. Thereafter, he made a representation to the respondents 1 and 2. Even thereafter, no effective steps have been taken to secure the detenue. Hence, the petitioner has come forward with this petition.

3.When the matter is taken up for hearing today, the petitioner, the detenue and the third respondent appeared before this Court. On enquiry, the detenue and the third respondent would state that they got married on 27.11.2020 at Tiruppur and now both are residing at Coimbatore. The detenue would further state that she wants to go with the third respondent and not to the petitioner. 4.In the light of the above fact, this habeas corpus petition is ordered and the detenue is set at liberty. Sd/- Assistant Registrar (Crl Side) // 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, Ramanathapuram District, Ramanathapuram 2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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

H.C.P.(MD) No.1201 of 2020 17.02.2021 kvn(CO) KK(09.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2