P.Raghavan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Raghavan ... Petitioner/Father of the Detenu Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Madurai.
2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
3.The Inspector of Police, All Women Police Station, Palladam, Thiruppur District.
4.M.Riyas Ahamed ... Respondents PRAYER: Habeas Corpus 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 body or person of the daughter of the petitioner/Detenue, namely, R.Nivetha, D/o.Raghavan, aged 20 years before this Court and set her at liberty For Petitioner : Mr.D.Senthil For R1 to R3 : Mr.S.Ravi Additional Public Prosecutor 1/3
O R D E R
S.VAIDYANATHAN, J.
And DR.G.JAYACHANDRAN, J.
The petitioner came before this Court contending that his daughter Nivetha, aged 20 years is found missing and has gone with the fourth respondent herein.
2. Based on the complaint given by the petitioner, the second respondent police has registered a case in Crime No.418 of 2021 under the head 'woman missing'. While investigation was going on, the girl appeared before the Palladam police station/third respondent herein and submitted a letter stating that she has gone with the fourth respondent on her own volition and since an intercaste marriage was conducted and registered on 18.10.2021, she is afraid that there may be chances for 'honour killing'. Her letter, dated 21.10.2021 is produced before this Court. According to the petitioner, the name of the fourth respondent is included in this petition based on the communication given by his daughter to the third respondent.
3.It is submitted by the learned Additional Public Prosecutor that the girl, Nivetha, appeared before the Palladam police on 21.10.2021 and she is afraid of her parents, because there is possibility of honour killing. After the girl has appeared before the third respondent, eventhough it has been contended by the petitioner that his daughter may be produced before the Thirumangalam Town Police Station, we are not inclined to pass such an order. However, this Court granted permission to the petitioner and his wife alone to go and see their daughter at the Palladam Police Station on 28.11.2021.
4. Since it is stated by the girl in her letter, dated 21.10.2021 that the marriage has been registered on 18.10.2021, the marriage registration certificate shall also be furnished to the third respondent police by the girl.
5. Considering the fact that the petitioner's daughter is alive and appeared before the third respondent police, this Habeas Corpus Petition is dismissed with the above direction. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 2/3
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, Office of the Superintendent of Police, Madurai.
2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
3.The Inspector of Police, All Women Police Station, Palladam, Thiruppur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.D.Senthil, Advocate (SR-35226) H.C.P.(MD)No.1727 of 2021 19.11.2021 RS(26.11.2021) 3P 6C 3/3