1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) Nos.303 and 363 of 2011 HCP(MD)No.303/2011: R.Azhagarsamy ..Petitioner Vs. 1.The Commissioner of Police, Trichy City. 2.The Inspector of Police, Cantonment Police Station, Trichy. 3.Sathish ..Respondents HCP(MD)No.363/2011: A.Achanna .. Petitioner vs. 1.State, rep.by The Inspector of Police, Thideer Nagar Police Station, Madurai City. 2.The Commissioner of Police, Madurai City. 3.S.Satheesh ..Respondents HCP(MD)No.303 of 2011: Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of Sangeetha, D/o.Azhagarsamy, aged about 17 years, minor daughter of the petitioner, before this Court and hand over her custody to the petitioner. HCP(MD)No.363 of 2011: Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body and person of the petitioner's wife Sangeetha, aged about 20 years, before this Court and set her at liberty. For Petitioner in HCP 303/2011 : Mr.S.Vanchinathan For Petitioner in HCP 363/2011 : Mr.S.Ramasamy For Respondents-1 & 2 in both the HCPs :Mr.C.Ramesh, Addl.Public Prosecutor. For Respondent-3 in both the HCPs : Mr.A.Thiyagarajan COMMON ORDER (Order of the Court was made by S.RAJESWARAN,J) HCP(MD)No.303 of 2011 has been filed by the petitioner/father to trace out her daughter Sangeetha, aged about 17 years, said to have gone https://hcservices.ecourts.gov.in/hcservices/ 2 along with the 3rd respondent. Since the complaint given to the police has not yielded any result, the above habeas corpus petition has been filed. 2.HCP(MD)No.363 of 2911 has been filed by the petitioner/husband to trace-out the very same detenue Sangeetha/his wife, as she is married to him on 21.03.2011. According to him, the 3rd respondent has kidnapped his wife and kept her under illegal detention. 3.On notice, the 3rd respondent entered appearance through counsel. 4.Today, both the petitioners are present before this Court. The 3rd respondent is also present before this Court. The detenue is also present before this Court. On enquiry, the detenue disclosed that earlier she had married Satish, the 3rd respondent, on her own and since she was a minor then, on the complaint given by her father, the 3rd respondent was arrested and remanded to judicial custody. Thereafter, when she was at home, her father forced her to marry the petitioner in HCP(MD)No.363/2011, namely Achanna. Since the said marriage was solemnized against her wish and desire, she did not live with him only for six days and left the house of Achanna/her husband and again joined with Sathish to live with him. Therefore, according to the detenue Sangeetha, she is now 19 years of age and she has chosen to live only with her husband whom she has married on her own earlier. She has also made it very clear that she is not interested to go either with her father or Achanna, the petitioners in both HCPs. The 3rd respondent, who is present in the Court, was also called and enquired by us. He has also admitted his marriage with the Detenue Sangeetha. 5.While recording the statements made by the detenue, nothing further remains to be considered in these petitions. Hence the detenue is set at liberty and both the habeas corpus petitions are closed. It is open to the parties to work out their remedies in the manner known to law, if they have any other grievance. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR gb To: 1.The Commissioner of Police, Trichy City. 2.The Inspector of Police, Cantonment Police Station, Trichy. 3. The Inspector of Police, Thideer Nagar Police Station, Madurai City. 4.The Commissioner of Police, Madurai City. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. A. THIYAGARAJAN, ADVOCATE, SR: 20500: DM:2011:JULY:06: Common Order in HCP(MD)Nos.303 and 363 of 2011 Dated:24.06.2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/