D.Periyasamy v. The Supeirntendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH D.Periyasamy .. Petitioner Vs.
1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
3.Supuramani .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the Inspector of Police, Thiruppuvanam Police Station, the second respondent herein to produce the
person or body of the detenu namely, Vigneshwaran, S/o.Periasamy, aged about 24 years, before this Court and set him at liberty. For Petitioner : M/s.R.Pranavi For Respondents : Mr.A.Thiruvadikumar - R1 & R2 Additional Public Prosecutor Mr.N.Marimuthu - R3
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.] Pursuant to the earlier order passed by this Court on 13.10.2022, the detenu as well as the daughter of the third respondent were produced before this Court by the second respondent Police.
2. We enquired the detenu and the daughter of the third respondent, they stated that they had a love affair and they got married on 01.11.2022 at Dindigul. Thereafter, they had gone to Chennai and now
the detenu is working in a Car Mechanic Factory and the daughter of the third respondent states that she is a M.C.A graduate and she is looking for a job. Both of them said that they want to settle down at Chennai and they do not want to go and stay either with the family of the petitioner or with the family of the third respondent.
3. The learned counsel for the petitioner submitted that the petitioner is agreeable for this marriage and the petitioner wants to take care of the detenu and the daughter of the third respondent. 4.The learned counsel for the third respondent also submitted that the third respondent has no objection to this marriage and that they are willing to take care of the detenue and the daughter of the third respondent.
5. In the considered view of this Court, there is no illegal detention, since the detenu and the daughter of the third respondent are major and they have already got married. Now that the marriage has been accepted by both the families, it is left open to the detenu and the daughter
of the third respondent to meet their family members and make attempts to have a cordial relationship.
6. Based on the complaint given by the petitioner, a "man missing" FIR has been registered in Crime No.291 of 2022 by the second respondent police. In view of the above development, there shall be a direction to the second respondent police to close the FIR.
7. Accordingly, this Habeas Corpus Petition is disposed of. (M.S.R.,J.) (N.A.V.,J.) 14.11.2022 Index : Yes/No Internet : Yes rm
To 1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and N.ANAND VENKATESH, J.
rm 14.11.2022