Akilandeswari v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.1583 of 2024 Akilandeswari ... Petitioner/ Mother of the detenue -VsThe State of Tamil Nadu Rep by 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District.

3.The Inspector of Police, Nadukaveri Police Station, Thanajvur District.

(Crime No.460 of 2024) ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's daughter namely Sudhisha, D/o.Suresh, Female aged about 19 years, before this Court and set her at liberty.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner directing the respondents to produce the body or person of the petitioner's daughter namely Sudhisha, D/o.Suresh, Female, aged about 19 years, before this Court and set her at liberty. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent, on instructions, submitted that based on the complaint given by the petitioner in respect of missing of her daughter, a case has been registered in Crime No.460 of 2024 under the caption of Women Missing on 16.10.2024. The learned Additional Public Prosecutor would further submit that during the course of investigation, the missing person was secured on 22.05.2025 and the same was informed to the de-facto complainant.

4.During the enquiry, it is seen that the missing person had fall in love with one Vijayarajayogan and on her own volition, she had gone with the said Vijayarajayogan and she has expressed her unwillingness to go along with the petitioner, her mother.

5.We are of the view that since the detenue is a major, she is entitled to take her own decision and that there is no illegal custody. Hence, the Habeas Corpus Petition stands closed.

[A.D.J.C., J.] & [R.P., J.] 03.06.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District.

3.The Inspector of Police, Nadukaveri Police Station, Thanajvur District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns H.C.P(MD)No.1583 of 2024 03.06.2025