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Madras High Court

S.Suji vs The Superintendent Of Police on 10 July, 2023

Author: M.S. Ramesh

Bench: M.S. Ramesh, M.Nirmal Kumar

                                                                             HcP (MD)No.764 of 2023


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 10.07.2023

                                                   CORAM

                                   THE HONOURABLE MR.JUSTICE M.S. RAMESH
                                                  AND
                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                            HCP(MD).No.764 of 2023


                S.Suji                                                : Petitioner

                                                        Vs

                1.The Superintendent of Police,
                  Kanyakumari District
                  at Nagercoil.

                2.The Inspector of Police,
                  Marthandam Police Station,
                  Kanyakumari District

                3.Vijinkumar                                            : Respondents

                Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of
                India, praying this Court to issue a Writ of Habeas Corpus to direct the 1st
                and 2nd respondents to produce the person or body of the detenue Sherin
                Teffya aged 18 years daughter of Martin Jebalal before this Court and set her
                at liberty.




                1/4

https://www.mhc.tn.gov.in/judis
                                                                                HcP (MD)No.764 of 2023


                                        For Petitioner  : Mr.S.C.Herold Singh
                                        For Respondents : Mr.RMS.Sethuraman for R1 & R2
                                                          Additional Public Prosecutor


                                                    ORDER

(Order of the Court was made by M.S.RAMESH,J.) When the petitioner's daughter, viz., Sherin Teffya, aged 18 years went missing from her house from 12.06.2023, she had given a complaint to the 2nd respondent, for which, a CSR was issued. In this background, the present Habeas Corpus Petition has been filed.

2.After notice was ordered by this Court, the 2nd respondent had produced the detenue before us. It is submitted by the learned Additional Public Prosecutor that the detenue was in the custody of the third respondent and a complaint was given by the wife of the third respondent, based on which, a case has been registered in Crime No.18/2023. The third respondent was also arrested on 07.07.2023 in connection with the said case.

3.We spoke to the detenue, who expressed that the third respondent had cheated her by not disclosing the marriage or children he had. Now that she 2/4 https://www.mhc.tn.gov.in/judis HcP (MD)No.764 of 2023 has realized that the third respondent had deceived her and that she does not intend to live with him and has chosen to live with her mother and pursue her studies in UG Optometry. Insofar as the complaint against the third respondent is concerned, the same is under investigation and the second respondent herein shall pursue the investigation and file a final report as expeditiously as possible. Since the detenue is a major, who opted now to stay with her mother, no further orders are required to be passed in this petition.

Accordingly, this Habeas Corpus Petition is closed.

                                                           [M.S.R.,J]       [M.N.K.,J]
                                                                   10.07.2023
                Index     : Yes / No
                Internet : Yes
                RR
                To
                1.The Superintendent of Police,
                  Kanyakumari District
                  at Nagercoil.

                2.The Inspector of Police,
                  Marthandam Police Station,
                  Kanyakumari District

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

3/4

https://www.mhc.tn.gov.in/judis HcP (MD)No.764 of 2023 M.S. RAMESH, J.

AND M.NIRMAL KUMAR, J.

RR HCP(MD).No.764 of 2023 10.07.2023 4/4 https://www.mhc.tn.gov.in/judis