1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.191 of 2011 A.Vellathai .. Petitioner vs. 1.The Superintendent of Police, Virudhunagar, Virudhunagar District. 2.The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District. 3.P.Chidambram .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents to produce the body and person of the detenue by name Mariyammal, aged 23 years, before this Court and set her at liberty. For petitioner : Mr.B.Rajesh Saravanan For respondents 1 & 2 : Mr.C.Ramesh, Addl.Public Prosecutor ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA , J) The petitioner is the mother of the detenue viz., Mariyammal. It is stated in the affidavit that her husband was working in the Railways and he died. She has two sons and two daughters. The detenue, Mariyammal, aged 23 years was working in Durga Match Company, Sivakasi. On 13.11.2010, the detenue, Mariyammal went to to her work but she did not return home. The petitioner searched and enquired about the detenue in the house of friends and relatives but in vain. Thereafter, the petitioner lodged a complaint before the 2nd respondent police on 15.11.2010. However, the petitioner has a suspicion on the third respondent that he would have illegally detained the detenue. Since no action was taken on the complaint inspite of repeated reminders, the petitioner has filed the above Habeas Corpus Petition. 2. Today when the matter came up before this Court, learned Additional Public Prosecutor filed a Status Report in which it is stated that the detenue, aged about 26 years, eloped with the third respondent and married him. Both are majors and they themselves went on their own will and pleasure. Apprehending that the police would take them into custody, they are hiding themselves. Relevant portion of the Status Report reads as follows:- "It is submitted that the said Mariammal is a spinster, aged about 26 years, eloped with the said boy https://hcservices.ecourts.gov.in/hcservices/ 2 Chidambaram who is 19 years old. Admittedly, both are majors and they themselves went on their own will and pleasure. Now, it is reliably learnt that both after marrying themselves resided at Door No.12 of one Mohan, S/o.Iyyanar, Mandhai Vannan Lane, Thanthai Periyar Nagar, Avaniyapuram, Madurai. The said Mohan, his wife Sarathy and the neighbours Dhanalakshmi, Karupputhai and Andi were interrogated and they deposed that till 15 days they were staying there..." 3. Considering the above facts and circumstances, we are of the view that the detenue is not under illegal custody of any one, much less the third respondent. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registra(P & A) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District. 2.The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.B.Rajesh Saravanan, Advocate, SR.No.25533 asvm H.C.P(MD)No.191 of 2011 02.8.2011 TR : 16.08.2011 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/