Madras High CourtHCP(MD)/1503/2024disposed of

Ethayaraja v. The State Of Tamilnadu

2025-01-02Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Ethayaraja ... Petitioner / Friend of the Detenu Vs.

State of Tamil Nadu rep. by 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Theni Town Police Station, Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 & 2 to produce the petitioner's friend namely Ms.S.R.Pameela D/o.(late)S.Rajamanickam aged 28 years or her body before this Court and set her at liberty.

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For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2. The petitioner claims to be the next friend of the detenue Ms.S.R.Pameela. Notice was ordered on 09.12.2024. Today, when the matter was taken up for hearing, the second respondent produced the detenue before us. The detenue is said to be a siddha doctor. She is aged about 34 years. She made it clear that she wants to go with the petitioner herein. We spoke to the mother and the brother of the detenue. They are said to be against the marriage proposed to be held between the petitioner and the detenue. We made it clear to the mother that since Ms.S.R.Pameela is a major, it is not open to any person to restrain her conduct.

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3. Recording the stand taken by the detenue and granting her liberty to go with the petitioner, the habeas corpus petition is disposed of.

(G.R.S. J.,) & (R.P. J.,) 02.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To:- 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Theni Town Police Station, Theni District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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