H.Sasikumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1033 of 2023 H.Sasikumar .. Petitioner Vs.

1.The Superintendent of Police Virudhunagar District Virudhunagar 2.The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

3.K.Ilayaraja .. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the 1st and 2nd respondents police to produce the petitioner's daughter namely Boomadevi, D/o.Sasikumar aged about 17 years before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.A.D.Ganeshamoorthy For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner's daughter Boomadevi, born on 09.02.2005 and now aged 18 years, had gone missing from 24.07.2023 and not being satisfied with the investigation done by the second respondent police on the petitioner's complaint registered in Crime No.129/2023, the present Habeas Corpus Petition is filed.

2.Today, the second respondent police had produced both the petitioner's daughter as well as the third respondent herein. When we had interacted with the petitioner's daughter Boomadevi, she stated that she was in love with the third respondent herein and had accordingly married him on 24.07.2023 at Teppakulam Mariamman Koil, Madurai and is now living with him happily. We had also facilitated the petitioner and his wife to

speak with their daughter. However, the petitioner's daughter had informed her intention to live with the third respondent only.

3. In view of the marriage between them and that she did not reconcile with the petitioner's family, since the petitioner's daughter, being a major, had taken a conscious decision to live with third respondent alone, it would not be appropriate to consider the prayer sought for in the present Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.

(M.S.R.,J.) (M.N.K.,J.) 16.08.2023 NCC :Yes / No Internet : Yes RR To 1.The Superintendent of Police Virudhunagar District Virudhunagar 2.The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

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

M.S.RAMESH, J.

and M.NIRMAL KUMAR,J.

RR H.C.P.(MD)No.1033 of 2023 16.08.2023