1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.563 of 2011 M.Marimuthu .. Petitioner vs. 1.The Superintendent of Police, Theni. 2.The Inspector of Police, All Women Police Station, Theni. 3.The Inspector of Police, All Women Police Station, Andipatti,Theni District. 4.Arun Vignesh .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 to 3 to produce the person and body of the detenue-M.Selvamani, aged 21 years, D/o.Marimuthu from the illegal detention of the 4th respondent, before this Court and set her at liberty. For petitioner : Mr.N.Anantha Padmanaban For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 to R3 ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the respondents 1 to 3 to produce his daughter by name Selvamani / the detenue, before this Court and set her at liberty alleging that she is under the illegal custody of the fourth respondent herein. 2.The petitioner herein is the father of the detenue-Selvamani and he is residing at Theni. It is alleged in the affidavit filed in support of this petition that his older daughter by name Selvamani / the detenue herein, was studying B.Com at Kammavar College at Theni and on 07.04.2011, the detenue had left home to attend her college and thereafter she did not return home. On subsequent enquiry, the petitioner came to know that she has been abducted by the fourth https://hcservices.ecourts.gov.in/hcservices/ 2 respondent. The petitioner gave a complaint to the second respondent- Police. Thereafter, with the help of relatives the petitioner found the fourth respondent's house and at the intervention of the elders, the fourth respondent's father sent the detenue back to the petitioner's house. While so, on 10.04.2011, when the petitioner's wife alone was in the house, the fourth respondent came in a taxi with several persons and lifted her daughter away. Thereafter, the petitioner was not able to find out the whereabouts of the detenue. Hence, he has filed the present HCP, alleging that the detenue is under the illegal custody of the fourth respondent. 3.The detenue-Selvamani has been produced before this Court today. When we enquired her, she stated that she is 21 years old and doing her B.Com. She has further categorically stated that she has married the fourth respondent and that the fourth respondent is working in a Star Hotel at Coimbatore and they are living together in Coimbatore happily. Further she has stated that she is not under the illegal custody of any one and she would like to go only with her husband/the fourth respondent herein, and she will not go along with the petitioner. 4.Under the circumstances, we are of the view that the detenue is not under the illegal custody of the fourth respondent and also no case is made out to show that she is under the illegal custody of the fourth respondent. Further, the detenue is a major and she has stated that she want to go only with the fourth respondent. Hence, recording the statement made by the detenue, the HCP is closed, permitting the detenue to go along with the fourth respondent. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni. 2.The Inspector of Police, All Women Police Station, Theni. 3.The Inspector of Police, All Women Police Station, Andipatti, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. HCP(MD)No.563 of 2011 22.07.2011 km/SMA/2.8.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/