Poonkodi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Poonkodi .. Petitioner Vs.

1.The Superintendent of Police Dindigul District, Dindigul.

2.The Inspector of Police Kodaikanal Police Station, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the Respondents 1 and 2 to produce

the person or body of the Petitioner's daughter namely, Krishnaveni D/o.Velmurugan, aged about 24 years and her grandson namely, Sanjay, aged about 5 years, before this Court and set them at liberty. For Petitioner : M/s.A.Banumathy For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] The petitioner seeks production of her daughter Krishnaveni, aged about 24 years and her grandson Sanjay, aged about 5 years, who are said to be missing since 30.08.2022.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. According to the petitioner, the detenue has gone missing from her house from 30.08.2022. Complaining inaction on the part of the respondent Police, the petitioner has moved this Court by way of this Habeas Corpus Petition.

4. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that the detenue had misunderstanding with her parents and she stayed with her grandmother and the second respondent police secured the detenu.

5. The detenue has been produced before us today and on enquiry, she would state that on her own volition, she is staying with her grand mother, near Petchiamman Padithurai, Simmakkal, Madurai and she expressed her unwillingness to go with her parents. The said statement is recorded.

6. Considering the fact that the detenue is a major and the fact that she had left the parents' house along with her son on her own volition,

we do not think there is any case of illegal custody. Hence, this Habeas Corpus Petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 13.09.2022 Index : Yes / No Internet : Yes / No rm To 1.The Superintendent of Police Dindigul District, Dindigul.

2.The Inspector of Police Kodaikanal Police Station, Dindigul District.

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

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

rm 13.09.2022