Madras High Court
M.Panguraj vs State Through on 27 April, 2009
Bench: M.Chockalingam, R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27/04/2009 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE Ms.JUSTICE R.MALA HCP (MD) No.236 of 2009 M.Panguraj .. Petitioner vs 1.State through The Superintendent of Police Sivagangai District Sivagangai 2.The Superintendent of Police Dindigul District Dindigul 3.The Sub Inspector of Police Kalayarkoil Police Station Sivagangai District 4.The Inspector of Police All Women Police Station Dindigul 5.M.Raja .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the respondents 1 and 2 to produce the petitioner's daughter by name Maria Adaickala Asha either in person or her body and set her at liberty. !For Petitioner ... Mr.N.Anantha Padmanaban ^For Respondents ... Mr.N.Senthur Pandian Additional Public Prosecutor for RR1 to 4 Mr.D.Shanmugaraja Sethupathi for R5 :ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.) Invoking writ jurisdiction of this Court, one Panguraj, the father of the alleged detenue Maria Adaickala Asha, has brought forth this petition for the issuance of a writ of habeas corpus.
2.The affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioner.
3.The gist of the case of the petitioner is that his daughter was doing diploma course in a College at Coimbatore; that in the first week of March 2009, she came to his house and went back; that after some time, her whereabouts were not known; that he enquired; but, there was no information; that he came to know that she was not attending College from 10.3.2009; that thereafter, he gave a complaint on 24.3.2009; but, neither a case is registered nor she is secured, and under the circumstances, he has brought forth this petition before this Court.
4.This day she is secured and produced before the Court along with the fifth respondent.
5.She is enquired. According to her, she was born on 5.6.1989, and she was doing her course in Kerala, and the fifth respondent is doing III Year Law, and they fell in love with each other, and they entered into an agreement of marriage, which was registered at the Sub Registry, Parasalai, Kerala, and following the same, they actually married on 27.2.2009, and they are leading the married life.
6.The Court heard the learned Counsel for the fifth respondent. The fifth respondent is also present. The Court also heard the learned Additional Public Prosecutor.
7.From the submissions made, it would be quite clear that she is a major since her date of birth is admittedly 5.6.1989. As per the statement made by the alleged detenue, pursuant to the registration of the agreement for marriage, which is placed in the hands of the Court and perused, the marriage took place on 27.2.2009 at Kerala, and they have been living together. Under the circumstances, the statement made by the petitioner as to the kidnapping or illegal custody was not a correct one.
The statement of the alleged detenue is recorded, and she is set at liberty. Accordingly, this habeas corpus petition is disposed of.
nsv To:
1.The Superintendent of Police Sivagangai District Sivagangai
2.The Superintendent of Police Dindigul District Dindigul
3.The Sub Inspector of Police Kalayarkoil Police Station Sivagangai District
4.The Inspector of Police All Women Police Station Dindigul
5.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai