IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:06.04.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE C.S. KARNAN HCP. No.498 of 2010 B. Kothandan ... Petitioner Vs. 1. The State, rep. by the Inspector of Police, Cheiyur police station, Kanchipuram District. 2. Elumalai ... Respondents Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to produce the body of petitioner's son K. Manoj Kumar, aged 17 years, S/o. B. Kothandan, the detenu from the illegal custody of the second respondent and set him at liberty forthwith. For Petitioner : Mr. R. Sreerangan For Respondents : Mr. V.R. Balasubramanian, Additional Public Prosecutor for R1 Mr. P. Amarnath for R2 Mr. S. Kumaradevan for detenu O R D E R (Order of the Court was made by M. CHOCKALINGAM,J) One B. Kothandan has filed this habeas corpus petition, alleging that his son Manoj Kumar, who is only 17 years old and doing Second year diploma in Mechanical Engineering at PSB Polytechnic College, was found missing from 7.3.2010. Despite https://hcservices.ecourts.gov.in/hcservices/ search, his son could not be traced. Under such circumstances, he lodged a complaint before the first respondent, but case was not registered. Only a receipt has been given treating it as petition. After giving complaint, the petitioner suspected that the daughter of the second respondent, who was also doing course along with his son, had love affair with him and they belong to different community. It is brought to the notice of the police to trace the detenu, but not done. Under the circumstances, this habeas corpus petition has been filed by the petitioner. 2. When the matter is taken up for enquiry, the detenu appeared before this Court through counsel and he was enquired by the Court. According to him, he was born on 7th October, 1991 and he was doing II year Polytechnic course. He also married one Uma Devi on 8.3.2010 at Melmaruvathur and also living with her. He is not willing to go with parents. He also produced his birth Certificate. 3. After hearing the detenu and perused the birth Certificate produced by the detenu, it is clear that the detenu was born on 7.10.1991 and he is a major. Apart from this, he also married one Uma Devi on 8th March, 2010 and living with her and he is not willing to go with the parents. Since the detenu is a major and he also got married and wants to live separately, the question of handing over the custody of the detenu would not arise and the detenu is at liberty to live separately. The Habeas Corpus Petition stands disposed of accordingly. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ssa. To 1.The Inspector of Police, Cheiyur police station, Kanchipuram District. 2.The Public Prosecutor, High Court,Madras. +1cc to Mr.R.Sreerangan,Advocate Sr 23206 MA(CO) km/21.4. H.C.P. No.498 of 2010 https://hcservices.ecourts.gov.in/hcservices/