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Madras High Court

S.Kanniyappan vs The District Superintendent Of Police on 17 October, 2019

Author: M.M.Sundresh

Bench: M.M.Sundresh

                                                                            HCP No 2285 of 2018

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 17.10.2019

                                                       Coram

                                       The Hon'ble Mr. Justice M.M.SUNDRESH
                                                           and
                                     The Hon'ble Mr. Justice RMT. TEEKAA RAMAN

                                             H.C.P. No. 2285 of 2019


                      S.Kanniyappan                                         ... Petitioner

                                                        -vs-


                      1.The District Superintendent of Police,
                        Villupuram District,
                        Villupuram.

                      2.The Inspector of Police,
                        Valathi Police Station,
                        Valathi,
                        Melamalaiyanur Taluk,
                        Villupuram Taluk.

                      3.The Sub Inspector of Police,
                        Valathi Police Station,
                        Valathi,
                        Melmalaiyanur Taluk,
                        Villupuram District.

                      4.A.Pasuraman                                   ... Respondents



                             Petition filed under Article 226 of the Constitution of India, to
                      issue a Writ of Habeas Corpus directing the first respondent to cause


                      Page 1 of 4


http://www.judis.nic.in
                                                                             HCP No 2285 of 2018

                      the production of the body and person of petitioner's daughter
                      Vijayalakshmi, aged 19 years, daughter of S.Kanniyappan, before this
                      Court and set her at liberty.




                                       For Petitioner    : Mr.S.Mazhaimeni Pandian

                                       For Respondents     Mr.R.Prathap Kumar
                                                         : Addl. Public Prosecutor
                                                           for R1 to R3

                                                         ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenue, who, allegedly eloped with the fourth respondent, a married man being a relative.

2. From the status report, we could see that confining with the fourth respondent, the detenue was sent for further studies by the petitioner. Thereafter, they developed the relationship. The wife of the fourth respondent also has stated that she does not want to live with him any more. The efforts made till now did not yield any result.

Suffice it to state that there is no illegal detention involved as it is a simple case of elopement.

Page 2 of 4

http://www.judis.nic.in HCP No 2285 of 2018

3. Admittedly, the detenue is a major. In such view of the matter, we are closing this Habeas Corpus Petition. However, the second and the third respondents shall proceed with the investigation. As and when the detenue is secured, she should be produced before the jurisdictional Magistrate.

(M.M.S.,J.) (T.K.R.,J.) 17.10.2019 Index : Yes / No mmi/ssm To

1.The District Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Valathi Police Station, Valathi, Melamalaiyanur Taluk, Villupuram Taluk.

3.The Sub Inspector of Police, Valathi Police Station, Valathi, Melmalaiyanur Taluk, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

Page 3 of 4

http://www.judis.nic.in HCP No 2285 of 2018 M.M.SUNDRESH, J.

and RMT. TEEKAA RAMAN, J.

mmi H.C.P. No. 2285 of 2018 17.10.2019 Page 4 of 4 http://www.judis.nic.in