1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI H.C.P.(MD)Nos.117 and 128 of 2011 and M.P.(MD)No.1 of 2011 H.C.P.(MD)No.117 of 2011: G.P.Logesh ... Petitioner Vs. 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Karaikudi North Police Station, Karaikudi,Sivagangai District (Crime No.43 of 2011) 3.Gopi 4.The Inspector of Police, Thirukkoranam Police Station, Rajagopalapuram Post,Pudukkottai, Pudukkottai District. 5.The Superintendent of Police, Pudukkottai District. ... Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue Writ of Habeas Corpus, directing the respondents to produce the body or person of the detenue by name G.P.Pushpa, D/o G.Palanisamy, aged about 20 years, who has been illegally detained by the 3rd respondent and produce her before this Court and set her at liberty. For Petitioner : Mr.A.Thiruvadikumar For Respondents Nos. 1, 2, 4 and : Mr.P.N.Pandidurai, APP For Respondent No. 3 : Mr. K. Rama. Bharathi. H.C.P.(MD)No.128 of 2011: R.Karthik ... Petitioner Vs. 1.The Superintendent of Police, Sivagangai District. 2.The Superintendent of Police, Pudukkottai District, Pudukkottai. 3.The Inspector of Police, Thirukokaranam Police Station, Pudukkottai District. 4.The Inspector of Police, Karaikudi North Police Station,Sivagangai District. 5. Annadurai 6.Palanichamy ... Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue Writ of Habeas Corpus, directing the 1st https://hcservices.ecourts.gov.in/hcservices/ 2 and 2nd respondents to produce the petitioner's parents namely, K.Ramasamy and R.Padmavathy either in person or body before this Court and thereupon set them at liberty from the illegal detention of the 5th and 6th respondent forwith. For Petitioner : Mr.L.Madhusudhanan For Respondents RR 1 TO 4 : Mr.P.N.Pandidurai, APP COMMON ORDER (Order of this Court was made by S.RAJESWARAN,J.) The petition in H.C.P.(MD)No.117 of 2001 has been filed to direct the respondents to produce the body or person of the detenue by name G.P.Pushpa, D/o G.Palanisamy, aged about 20 years, who has been illegally detained by the 3rd respondent and produce her before this Court. 2.The petitioner is the brother of the detenue by name Pushpa, aged about 20 years. The case of the petitioner is that he is employed in a software concern in Chennai and his father is working in Saudi Arabia. His sister/detenue is doing her B.Tech., in Sathyabama University, Chennai. Earlier, the petitioner was residing in Pudukkottai and her sister was also studying there and thereafter, they sifted to Chennai. The 3rd respondent herein is their family friend and he is known to the petitioner's family. 3.On 23.09.2010, the detenue left for the college at 7.10 a.m.along with her college mate one Sharmila. Immediately, the said Sharmila informed the petitioner's family that the detenue was forcibly kidnapped by the 3rd respondent along with two other persons near ICICI Bank, Vellaikkal. The petitioner's mother lodged a complaint before the Pallikkaranai Police Station, Chennai, which was registered in Crime No.903 of 2010 dated 23.09.2010 as a case of woman missing. Since there was a delay in the investigation, the mother of the detenue filed a petition in H.C.P.(MD)No.1838 of 2010 before the Principal Bench of this Court, which was disposed of on 28.09.2010 with a direction to the Police to investigate the case and produce the detenue before the Judicial Magistrate. 4.In the mean time, the detenue/Puspha has filed a petition in Crl.O.P.No.11253 of 2010 before this Court stating that she is married to the 3rd respondent and prayed for a direction against the Police officials of Pudukkottai. Thereafter, the petitioner herein has filed an intervening application in the said criminal original petition. Whileso, on the basis of the order passed in H.C.P.No.1838 of 2010, the Pallikkaranai Police secured the detenue and produced before the learned Judicial Magistrate. Before the learned Judicial Magistrate, the detenue/Pushpa expressed her willingness to go with her parents and on that basis an order was passed by the learned Judicial Magistrate to handover the detenue to the parents. 5.Thereafter, on enquiry, the mother of the detenue came to know that the 3rd respondent herein had created a forged document with the help of the Sub Registrar, Pudukkottai as if the marriage between the detenue and the 3rd respondent had taken place on 17.06.2010 and the marriage was registered on 07.07.2010 and a certificate was obtained thereafter. https://hcservices.ecourts.gov.in/hcservices/ 3 6.In the mean time, the 3rd respondent/Gopi herein moved H.C.P.No.897 of 2010 before this Court to produce the detenue/G.P.Pushpa, who is said to be kept in illegal custody. The detenue appeared before this Court and expressed her unwillingness to go with the 3rd respondent, who filed the H.C.P.No.897 of 2010. By recording the same, this Court disposed of the petition. Thereafter, it is reported that there were repeated threats by the 3rd respondent to the petitioner's family and also to the detenue. 7.Whileso, marriage of the detenue/Pushpa was fixed with one Suresh Kumar on 07.02.2011 at Pillaiyarpatti by her parents and invitations were also distributed. But, on 02.02.2011 at 9.00 p.m., the 3rd respondent along with his friends trespassed into the house of the detenue with deadly weapons and assaulted the detenue's mother, the bridegroom and other inmates and kidnapped the detenue/Pushpa. 8.A complaint was lodged in this regard before the Karaikudi North Police Station, which was registered in Crime No.43 of 2011 for an offences under Section 147, 148, 452, 294(b), 324, 366 and 506 (ii) of I.P.C. In spite of the efforts of the 2nd respondent so far the detenue has not been secured. Therefore, the above petition has been filed. 9.After notice, the petitioner and the detenue/Pushpa along with their counsel came to this Court and submitted that they are prepared to surrender before this Court as they are innocent. Therefore, the matter was directed to be posted today. 10.Today, when the matter was taken up for hearing, the petitioner, the detenue, mother, brother and paternal uncle of the detenue, the 3rd respondent, the father of the 3rd respondent/Gopi and the elder brother of the 3rd respondent were all present along with their respective counsel. 11.We held detailed discussions with all present in the chambers, particularly with the detenue/Pushpa. The detenue/Pushpa clearly stated that what has happened so far was against her will and wish and she was forced to be with the 3rd respondent/Gopi. She further informed that no marriage took place with the 3rd respondent and the registration of the marriage and the alleged certificate are all false. According to her, she never went with the 3rd respondent to Registrar office for registration and everything was engineered by the 3rd respondent to suit his evil design. Ultimately, the detenue expressed her willingness to go only with her mother and brother and not with the 3rd respondent/Gopi at all. She also told the 3rd respondent on his face in the Chambers. 12.We also enquired the 3rd respondent, brother of the 3rd respondent and also their father. They agreed to abide by what the detenue has decided. The relatives of the detenue are also prepared to take her with them. The 3rd respondent, the father of the 3rd respondent and the brother of the 3rd respondent have also expressed that the detenue may be sent as per her wish. 13.In the light of the above and taking into consideration that the detenue is 21 years of age and has taken a decision on her own, without anybody's compulsion or coercion, we are left with no option excepting to https://hcservices.ecourts.gov.in/hcservices/ 4 direct the detenue to go with her mother and brother. The consent given by the detenue, the 3rd respondent/Gopi and his family members, who are present before the Court are recorded. The learned counsel for both sides also agreed that the detenue may go along with her parents as per her wish. 14.However, before passing an order directing the detenue to go along with her mother and brother as per her wish, taking note of the past untoward occurrences taken place at both ends, we direct both the parties, not to indulge in such activities in future. Both the parties are directed to behave with restrain. 15.If any disturbance is created by the 3rd respondent or his family members/friends, the detenue family shall lodge a complaint before the Superintendent of Police concerned and on such complaint being given, the Superintendent of Police concerned shall initiate action immediately against the erring party in accordance with law. 16.This order is being passed with the consent of both the parties more particularly, with the consent of the detenue/Pushpa and the 3rd respondent/Gopi and in the presence of the relatives and the respective counsel. 17.In the result, H.C.P.No.117 of 2011 is closed in the above terms. Consequent upon this order passed in this petition, the petition in H.C.P.(MD)No.128 of 2011 is also closed as no separate order needs to be passed. 18.Since the mother, brother and the paternal uncle of the detenue expressed danger at the hands of the 3rd respondent and others, we direct the Inspector of Police, who is present here, to accompany the detenue and her family members of the detenue to their place of residence. SD DEPUTY REGISTRAR ( ACCOUNTS) /TRUE COPY/ nbj ASST REGISTRAR To 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police,Karaikudi North Police Station, Karaikudi, Sivagangai District(Crime No.43 of 2011) 3.The Inspector of Police, Thirukkoranam Police Station, Rajagopalapuram Post, Pudukkottai, Pudukkottai District. 4.The Superintendent of Police, Pudukkottai District, Pudukkottai. 5.The Inspector of Police, Karaikudi North Police Station, Sivagangai District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. A. THIRUVADIKUMAR, ADVOCATE, SR: 5820: DM::2011:MARCH:31:: H.C.P.(MD)Nos.117 and 128 of 2011 4P:8CC'S:: 10.03.2011 https://hcservices.ecourts.gov.in/hcservices/