Nagaraj v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Nagaraj .. Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, D-3, Koodalpudur Police Station, Koodalpudur, Madurai.

.. 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 body or person of the petitioner's daughter namely, N.Hari Priya, D/o.P.Nagaraj, aged about 20 years, before this Court and set her at liberty.

For Petitioner : Mr.V.Alagesh Kumar For Respondents 1 & 2 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

N.ANAND VENKATESH, J.

This Habeas Corpus Petition was filed by the father of the detenu to produce his daughter namely, Hari Priya, who is said to be in the illegal custody of one Parthasarathy.

2. Mr.Madurai Veeran, Inspector of Police, Koodalpudur Police Station, was present before this Court.

3.The detenu was produced before us. We enquired the detenu and she stated that her Date of Birth is 03.12.2003 and that she is a major. She developed a relationship with one Parthasarathy. She further stated that the first marriage of Parthasarathy has been dissolved and thereafter, she got

married to Parthasarathy and she is living with him at Thiruppur. She claimed that the family members of Parthasarathy have accepted their marriage and his brother and sister and parents are also living along with him. She categorically stated that she wants to go along with Parthasarathy and she is not willing to go along with the petitioner.

4. Taking into consideration the statement made by the detenu and also the fact that she is a major and that she can take her own decision, it cannot be said that the detenu is in the illegal custody of the above said Parthasarathy.

5. In view of the same, this Habeas Corpus Petition is closed. (M.S.R.,J.) (N.A.V.,J.) 07.11.2022 Index : Yes/No Internet : Yes rm

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, D-3, Koodalpudur Police Station, Koodalpudur, Madurai.

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

M.S.RAMESH,J.

N.ANAND VENKATESH, J.

rm 07.11.2022