K.Sahul Hameed v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD).No.1591 of 2021 K.Sahull Hameed ... Petitioner/Husband of the detenu -vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai.

3.Paneerselvam ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondent Nos.1 and 2 to secure the body or person of the detenue namely Priyanka, W/o.K.Sahul Hameed, D/o.Paneer Selvam, aged about 24 years and produce her before this Court and set her at liberty. For Petitioner :Ms.T.Lavanya For R-1 & R-2 :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 wife by name Priyanka, D/o.Paneer Selvam, aged about 24 years, is in the illegal custody of the third respondent, who is the father of the detenue, the present Habeas Corpus Petition has been filed.

2. According to the petitioner, he and the detenue Priyanka studied together at K.M.College of Pharmacy, Madurai and they loved each other and subsequently, got married at Thirupparankundram. Thereafter, the third respondent father of the detenue took the detenue with him and illegally detained her. Hence, the petitioner filed a complaint before the Superintendent of Police, Sivagangai. 1/3

But so far no action has been taken by the police. Hence, the present Habeas Corpus Petition has been filed. 3.When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor, on instructions would submit that the detenue has been secured and produced before this Court.

4. The detenue is present before this Court. On enquiry, the detenue has stated that both the detenue and the petitioner studied together and loved each other. Subsequently, got married. Now, she wants to go with the petitioner. However, the mother of the petitioner, who is also present before this Court compelled the detenue to come with her. But, the detenue wants only to go with the petitioner.

5. The statement made by the detenue is recorded. Considering the fact that the detenue is a major and she said to have married with the petitioner and she wants to go with him, she is permitted to go with the petitioner.

6. This Habeas Corpus Petition is ordered accordingly. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3

+1 CC to M/s.T. LAVANYA, Advocate ( SR-33458[F] dated 01/11/2021 ) H.C.P.(MD) No.1591 of 2021 29.10.2021 SVN(CO) KB(24.11.2021) 3P 5C 3/3