1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.142 of 2011 Vasantha, W/o.Sadasivam Pillai .. Petitioner Vs. 1.The Inspector of Police, Asaripallam Police Station, Kanyakumari District. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.C.S.Belarmin Xavier 4.C.Selvaraj 5.Thanka Leela, W/o.C.Selvaraj 6.P.Bravin 7.A.Michael .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus directing the 1st and 2nd respondents to produce the person of detenue S.V.Arun Bala from the illegal custody of respondents 3 to 7 before this Court and set her at liberty. For Petitioner :Mr.P.Prabhakaran For Respondents-1 & 2 :Mr.P.N.Pandidurai, Addl.Public Prosecutor For Respondents :Mr.M.R.Sreenivasan 4 to 7 O R D E R (Order of the Court was made by S.RAJESWARAN,J) The petitioner is the mother of the detenue by name S.V.Arun Bala. She has filed this petition alleging that her daughter S.V.Arum Bala is under the illegal custody of respondents 3 to 7. According to the petitioner, her daughter is aged about 24 years and https://hcservices.ecourts.gov.in/hcservices/ 2 an M.E. final year student studying in S.A.Raja Engineering College, Vadagankulam, Tirunelveli District. On 05.01.2011, the 3rd respondent, along with the 6th and 7th respondents and some other rowdy elements, forcibly took her daughter and kept her under illegal custody. The grievance of the petitioner is that though a complaint was given to the 2nd respondent police , no action was taken by the police to trace-out her daughter and therefore she has filed this petition for securing her daughter. 2. Today, the learned counsel appearing for respondents 4 to 7 has filed counter affidavits of respondents 4, 6 and 7 and also a typed set of papers. According to him, the detenue and the son of the 4th respondent, the 3rd respondent herein, got married on their own on 05.01.2011 and at present they are employed in U.A.E. and living there happily. In proof of that, documents such as (i) copy of marriage certificate, dated 05.01.2011, (ii) a copy of Employment Certificate issued to the detenue by the Ministry of Interior, General Directorate of Residence and Foreigners Affairs, United Arab Emirates, dated 09.02.2011 and (iii)copies of affidavits of the detenue and the 3rd respondent sworn before the Consulate General of India, Dubai, issued on 08.04.2011, are produced. 3. In view of the above, it is to be presumed that the detenue, who is a major, is not in the illegal custody of anyone, much less the respondents 4 to 7. The documents produced before this court would falsify the case of the petitioner. This habeas corpus petition deserves to be dismissed and accordingly it is dismissed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To: 1.The Inspector of Police, Asaripallam Police Station, Kanyakumari District. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.P.Prabhakaran, Advocate (SR.No.15126) +1 CC to Mr.M.R.Sreenivasan, Advocate (SR.No.15153) Order in H.C.P(MD)No.142/2011 Dated:26.04.2011 gb NSV/12.5.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/