1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.559 of 2011 Malliga .. Petitioner Vs. 1.The Superintendent of Police, District Police Office, Pudukottai,Pudukottai District. 2.The Deputy Superintendent of Police, Pudukottai,Pudukottai District. 3.The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 4.The Sub-Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 5.Balakumar .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents 1 to 4 to produce the person or body of the petitioner's daughter by name Archana, aged 19 years, before this Court and set her at liberty. For petitioner : Mr.Baalasundharam For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 to R4 ORDER (Order of the Court was made by ARUNA JAGADEESAN, J.) This Habeas Corpus Petition is filed by the petitioner to direct the respondents 1 to 4 to produce her daughter by name Archana/the detenue, aged 19 years, before this Court and set her at liberty, alleging that the detenue is under the illegal custody of the fifth respondent. 2.The petitioner herein is the mother of the detenue-Archana. It is alleged by the petitioner in the affidavit filed in support of this petition that her daughter-Archana, aged about 19 years, was studying B.Com III Year in Bharath College at Thanjavur; that normally the detenue used to start from home to the college daily at about 7.30 a.m. and return at about 3.30 p.m., but on 01.07.2011, she did not return home as usual. It is further alleged that even after due enquiries by the petitioner, the detenue was not able to be traced. Hence, the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner made a complaint to the fourth respondent-Police on 02.07.2011. Since no sincere efforts were taken by the fourth respondent to trace out the detenue, the petitioner has come forward before this Court by way of filing the present Habeas Corpus Petition. 3.Today, both the detenue-Archana and the fifth respondent were produced before this Court. Learned counsel for the petitioner was also present. When we enquired, the detenue categorically stated that she got married to the fifth respondent on 03.07.2011 and the said marriage was also registered before the Registrar of Marriages, Thiruvathipuram on 04.07.2011. She has also produced a copy of the Registration Certificate to that effect. She further stated that she is not willing to go along with the petitioner herein/her mother and that she is willing to go only along with the fifth respondent/her husband. She further stated that she is not under the illegal custody of anyone. 4.Since the detenue being a major, has expressed her unwillingness to go along with her mother/the petitioner herein, and that she is not under the illegal custody of anyone much less the fifth respondent, recording her statement, the Habeas Corpus Petition is closed as nothing further remains to be considered. Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, District Police Office, Pudukottai,Pudukottai District. 2.The Deputy Superintendent of Police, Pudukottai,Pudukottai District. 3.The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 4.The Sub-Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.K.Baalasundharam, Advocate SR.No.34109 HCP(MD)No.559 of 2011 29.09.2011 KM PA/20.10.2011/2P/7C https://hcservices.ecourts.gov.in/hcservices/