1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition(MD)No.158 of 2011 Karmegam .. Petitioner Vs. 1.The Superintendent of Police, Ramanathapuram District,Ramanathapuram. 2.The Sub Inspector of Police, Sikkal Police Station, Ramanathapuram District. 3.Murugan 4.S.Karthick 5.Muthukumar .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the detenue namely Meenal, W/o Viswanathan, aged 23 years and Jamkumar, S/o Viswanathan, aged about 1 year before this Court and set them at liberty. For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.P.N.Pandidurai, Addl.Public Prosecutor for R1 and R2 Mr.R.Aravind Raj for R4 Mr.R.Venkateshwaran for detenue O R D E R (Order of the Court was made by S.RAJESWARAN, J.) The petitioner is the father of the detenue by name Meenal aged 23 years. She was married to one Viswanathan on 06.11.2009. Now the son-in-law-Viswanathan went to Singapore on employment. job. They have two minor sons. His daughter / the detenue came to his house with her children on 31.01.2011. On 02.02.2011 she went to in-laws house with her son. But the in-laws of his daughter informed the petitioner that his daughter did not come to their house. On enquiry, the petitioner was informed that his daughter and his grandson have been kidnapped by the respondents 3 to 6 forcibly. A complaint was lodged to the second respondent on 03.02.2011, but the receipt was given by the respondent-Police only on 18.02.2011. Thereafter, no https://hcservices.ecourts.gov.in/hcservices/ 2 steps have been taken by the police and the whereabouts of the detenue is not known. Hence the above HCP has been filed. 2.Today, the detenue appeared through her counsel before this Court. Her husband-Viswanathan is also present before this Court though he is not a party. The petitioner/father is also present before this Court. 3.The detenu-Meenal, aged about 23 years, submitted that because of her misunderstanding with her husband-Viswanathan, they are not able to live together happily. Therefore, she has left the matrimonial home and she has been living in Tirupur along with her minor second son. Moreover, she adds that she does not want to go along with her father or with the petitioner herein and she wants to be on her own. 4.In the light of the clear submission made by the detenue, we find that the detenue and her second son are not under the illegal custody of anyone and she, being a major, has taken a decision to live on her own with her second minor child at Tirupur. Her statement that she would not like to go with her father or her husband is recorded. The petitioner / father of the detenue and the husband of the detenue who are present here have been appraised of this position. 5.Therefore on the ground that the detenue has appeared before the Court along with her second minor son and she is reported to be not in the illegal custody of anyone, much less the respondents herein, the HCP filed by the father is closed and nothing further to be considered. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Sub Inspector of Police, Sikkal Police Station,Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. +1cc to Mr.R.Venkateshwaran, Advocate, Sr.No.8083 HCP(MD)No.158 of 2011 23.03.2011 Km SMA/1.4.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/