1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.562 of 2011 D.Francis : Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District. 2.The Inspector of Police, Kulasekaram Police Station, in Crime No.126 of 2011, Kanyakumari District. 3.Nagarajan 4.Iyyappan, S/o.Mani 5.Surendran 6.Iyyappan 7.Srija : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue Writ of Habeas Corpus to direct the second respondent to produce the body or person of the petitioner's daughter namely Anusha aged about 21 years before this Court and set her at liberty. For Petitioner : Mr.M.Subash Babu For Respondents 1&2 : Mr.A.Ramar Additional Public Prosecutor For Respondents 5&6 : Mr.R.Ramachandran O R D E R [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the father of the detenue, by name Anusha, aged about 21 years. She was studying in B.Sc [Chemistry], final year in Nesamani Nenaivu Cristhuvar College. According to the petitioner, she was found missing from 25.04.2011 onwards. In this regard, the petitioner preferred a complaint to the second respondent police on 01.05.2011, on which the present case in Crime No.126 of 2011 has been registered and the case is under investigation. Since the girl https://hcservices.ecourts.gov.in/hcservices/ 2 has not been secured so far by the second respondent police, the petitioner has come up with this Habeas Corpus Petition seeking to produce the detenue before this Court and set her at liberty. 2. Today, the learned Additional Public Prosecutor has produced the case diary for the perusal of this Court. Referring to the same, the learned Additional Public Prosecutor would submit that the detenue, by name Anusha, has sent a letter to the Inspector of Police, Kulasekaram Police Station, stating that she went on her own accord out of her parental home and married one M.Nagarajan, the third respondent herein, on 26.04.2011. She has further stated that she has been happily living with him. She has also sent the agreement pertaining to the said marriage, notarized by one Notary Public cum Advocate, Mr.Jaganhir, Pallivasal Back Street, Y.Othakadai, Melur Road, Madurai. The said agreement would go to show that the marriage was celebrated between them on 26.04.2011 and in order to prove the same, the said agreement was entered into between the parties. Subsequently, the Inspector of Police had examined the Notary Public cum Advocate Mr.Jaganhir under Section 161 of the Code of Criminal Procedure. Mr.Jaganhir, Notary Public cum Advocate has stated that the detenue and her husband appeared before him on 27.04.2011 and executed the above agreement in his presence, which he has duly notarized. The said agreement is available for perusal. Apart from the above, the photograph, showing the detenue and her husband, is also available, which shows that they are together as married couple. 3. From the above materials, we are of the considered view that there is no illegal detention of the detenue - Anusha. However, the investigation is also in progress, which will be continued by the second respondent police. Since there is no illegal detention, as of now, prima facie, we are satisfied that this Habeas Corpus Petition deserves to be dismissed. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District. 2.The Inspector of Police, Kulasekaram Police Station,Kanyakumari District. 3.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.Subashbabu, Advocate, Sr.No. 40882 nb ssk/08.12.2011 /5c -2p/- ORDER MADE IN HABEAS CORPUS PETITION(MD).No.562 of 2011 18.11.2011 https://hcservices.ecourts.gov.in/hcservices/