Subramani v. The Superintendent 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 Subramani .. Petitioner Vs.

1.The Superintendent of Police, Karur District, Karur.

2.State rep. by its The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

3.Vikash .. 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 detenue namely, Kawsika D/o.Subramani, aged about 22 years, before this Court and set her at liberty. For Petitioner : Mr.S.K.S.Prabhakar 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, Kawsika, aged about 22 years, who is said to be in the illegal custody of the third respondent. 2.Mrs.Dhanapackiam, Special Sub-Inspector of Police, Kulithalai Police Station, was present before this Court.

3. The detenu was present before this Court. We enquired the detenu and she stated that she had a love affair with the third respondent and she got married to the third respondent on 15.10.2022 at Chennimalai Temple. After the marriage, she continues to live with the third respondent in a rented house. She further stated that the third respondent's parents have also not accepted their marriage. She clearly stated that she wants to go along with her husband.

4. The learned counsel for the petitioner submitted that the detenu has a potential threat from the parents of the third respondent and that the respondent police must be directed to give some protection.

5. The learned Additional Public Prosecutor submitted that the second respondent will call the parents of the third respondent and get an undertaking from them.

6. Taking into consideration of the facts and circumstances of the case and the statement made by the detenu, no further orders can be passed in this Habeas Corpus Petition. The second respondent police is directed to get an undertaking from the parents of the third respondent that they will not cause any threat to the detenu or to the third respondent.

7. Accordingly, this Habeas Corpus Petition is disposed of (M.S.R.,J.) (N.A.V.,J.) 07.11.2022 Index : Yes/No Internet : Yes rm

To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

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

M.S.RAMESH,J.

N.ANAND VENKATESH, J.

rm 07.11.2022