In the High Court of Judicature at Madras
Dated: 07/08/2006
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice S. MANIKUMAR
Habeas Corpus Petition No.686 of 2006
R.Kumar .. Petitioner
-Vs-
1.Superintendent of Police
Namakkal District.
2. Inspector of Police
Mohanur Police Station
Namakkal District.
3. P. Ramadurai
4. Samuthavam .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of habeas corpus as stated therein.
For petitioner : Mr. V. Subramanian
For respondents : Mr. M. Babu Muthu Meeran
1 and 2 Addl. Public Prosecutor
Mr. SamyChinnaPillai for R3 and R4
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.)
The petitioner by name R. Kumar, has filed this petition
seeking direction to respondents to produce the body of the detenue Mrs.
Nithya, before this Court and set her at liberty.
2. Pursuant to our direction, the detenue Nithya, appeared
before us. We enquired her. According to her, she is aged about 23 years;
her date of birth being 01.10.1982. On our enquiry, she denied the
allegations made by the petitioner. She also denied the marriage said to have
taken place between her and the petitioner on 13.07.2006. Further, she
informed us that she is a B.E., graduate and now she is living with her
parents/respondents 3 and 4 a t her own volition. She further asserted that
she is not under the illegal custody or detention of any one, including
respondents 3 and 4.
3. In the light of the above assertion of the detenue and as
on date she being a major, we are not inclined to accept the case of the
petitioner. Accordingly, we are satisfied that no further direction is
required, except the observation that the detenue is free to take her own
decision. In the enquiry it is also brought to our notice that some of her
educational certificates, such as, mark sheet, transfer certificate,
provisional certificate, etc., were taken away by the petitioner and she seeks
direction for return of the same. The petitioner is directed to return all
the original documents entrusted to him to the detenue through second
respondent immediately.
With the above observation, this petition is closed. The
petitioner is free to approach the appropriate forum to vindicate his
grievance, if any.
Kh
To
1. Superintendent of Police
Namakkal District.
2. Inspector of Police
Mohanur Police Station
Namakkal District.