Valli vs The Inspector Of Police on 22 March, 2006

       

  

  

 
 
 In the High Court of Judicature at Madras

Dated: 22/03/2006 

Coram 

The Hon'ble Mr. Justice P. SATHASIVAM   
and 
The Hon'ble Mr. Justice J.A.K. SAMPATHKUMAR     

Habeas Corpus Petition No.191 of 2006 

Valli                                                          .. Petitioner

-Vs-

1. The Inspector of Police
   Thanipadi Police Station
   Thanipadi
   Tiruvannamalai District.

2. Dhanakotti
3. Sanjeevi                                                     .. 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.  R.  Karthikeyan

For respondents :  Mr.  Varadharajan
                for Abudukumar Rajarathinam
                Govt.  Advocate (Crl.side) for R1

                S.  Veerabahu for R.2
                No appearance for R.3

:ORDER  

(Order of the Court was made by P. SATHASIVAM,J.)
The petitioner by name Valli has filed this petition seeking
direction to the first respondent to produce the body of the detenue, viz.,
Sudha, before this Court, who had been illegally detained by the 2 nd and 3rd
respondents and set her at liberty.

2. Heard the learned counsel for the petitioner, learned
Government Advocate for the first respondent and the learned counsel for
second respondent.

3. It is brought to our notice that even in the year 2004,
the detenue eloped with the third respondent and after efforts taken by the
first respondent, she was handed over to the petitioner. However, on
25.08.2005, the detenue went along with the third respondent and on the
efforts of the first respondent, the detenue was handed over to the
petitioner. Now, as a third occasion, the detenue left her mother and went
along with third respondent. It is also brought to our notice that on the
direction of the Judicial Magistrate, Chengam, the detenue was examined by the
Radiologist and the report of the Radiologist show that the girl Sudha is aged
about 18 and below 21 years. Learned Government Advocate has also produced
copy of the letter dated 2 1.11.2005 of the Assistant Director of Prosecution,
Tiruvannamalai, which contains the report of the Radiologist.

In view of the fact that the detenue girl Sudha being major
and in the light of her conduct as well as taking note of previous incidents,
we are of the view that no further adjudication is required in this petition;
accordingly, the same is dismissed.

To
The Inspector of Police
Thanipadi Police Station
Thanipadi
Tiruvannamalai District.