1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.620 of 2011 P.Karthick .. Petitioner Vs. 1.The Commissioner of Police, Trichy, Trichy District. 2.The Inspector of Police, All Women Police Station, Ponmalai, Trichy District. 3.Ganeshan Udaiyar 4.D.Sumathi 5.R.Rengaraj 6.R.Panneerselvam .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the 1st and 2nd respondents to produce the body or person of the detenue namely Suriya, W/o.P.Karthick, aged about 21 years, now under the illegal custody of the 3rd to 6th respondents before this Court and set her at liberty. For petitioner : Mr.V.K.Saravanan For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 Mr.R.Krishnamoorthy, Sr.Counsel for Mr.S.P.Maharajan & Mr.S.Manoharan for R3 to R6 ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) This Habeas Corpus Petition is filed by the petitioner to direct the first and second respondents to produce his wife by name Suriya/the detenue, aged about 21 years, before this Court and set her at liberty, alleging that she is under the illegal custody of the respondents 3 to 6. 2.It is stated in the affidavit filed in support of this petition that the petitioner married the detenue-Suriya on 05.07.2011 according to the Hindu Rites and Customs at Madurai Samayanallur Mariamman Kovil and the marriage was also registered at L-26, 3rd Cross Street, R.M.Colony, Dindigul and its serial number is No.104 of 2011 and that they got accommodation in Madurai Samayanallur and was leading a happy life. It https://hcservices.ecourts.gov.in/hcservices/ 2 is also stated that later, the respondents 3 to 6 had abducted his wife/the detenue and are keeping her in their illegal custody. The petitioner lodged a complaint before the first respondent-Police on 14.07.2011. Since no sincere efforts were taken to trace out the detenue, the petitioner has come forward before this Court by way of filing the present Habeas Corpus Petition. 3.Today, the detenue-Suriya and also the petitioner appeared in person before us. When we enquired, the detenue has categorically stated that she is willing to go only along with the fourth respondent who is her mother and she is not willing to go along with the petitioner/ her husband. She further stated that she is not under the illegal custody of anyone. However, the petitioner stated that he married the detenue and they are living together. The detenue is a major and she is very categorical in her statement that she does not want to go along with the petitioner and she is only willing to go along with the fourth respondent / her mother. Under the circumstances, after taking into consideration of the facts and circumstances of the case, especially the statement of the detenue-Suriya who is a major, it is clear that she is not under the illegal custody of anyone, much less the respondents 3 to 6. Hence, recording the statement of the detenue-Suriya, the Habeas Corpus Petition is closed as nothing further remains to be considered. It is for the petitioner to proceed in accordance with law before the appropriate forum for necessary relief, if so advised. 4.Further, the petitioner as well as the counsel for the petitioner stated that the life of the petitioner is in danger, since the respondents 3 to 6 are very influential people in the locality and they are harassing the petitioner through the first and second respondent- Police. Under the circumstances, we direct the learned Senior Counsel appearing for the respondents 3 to 6 as well as the learned Additional Public Prosecutor appearing for the respondents 1 and 2 to give direction and also advice the respondents not to harass the petitioner. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Trichy, Trichy District. 2.The Inspector of Police, All Women Police Station, Ponmalai, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO M/S.S.MANOHARAN, ADVOCATE SR.30890 +1CC TO MR.V.AYYADURAI, ADVOCATE SR.30889 Km SR : 26.09.2011 : 2p/6c HCP(MD)No.620 of 2011 12.09.2011 https://hcservices.ecourts.gov.in/hcservices/