BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/07/2011 CORAM THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mrs.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition (MD) No.391 of 2011 Habeas Corpus Petition (MD) No.392 of 2011 HCP(MD)No.391/2011: S.Rajendran ..Petitioner Vs. 1.Jegan KUmar, S/o.Pandian 2.Pandian, S/o.Velandi 3.The Sub-Inspector of Police, Bodi-Rural Police Station, Theni District. 4.The Superintendent of Police, Theni District. .. Respondents HCP(MD)No.392/2011: V.Panidarajan, S/o.Velandi .. Petitioner vs. 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police, Taluk Police Station, Bodinayackanur, Theni District. .. Respondents HCP(MD)No.391/2011: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body of the daughter of the petitioner, the detenue namely R.Reka, aged about 23 years, before this Court and set her at liberty. HCP(MD)No.392/2011: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the person or body of the petitioner's son namely P.Jegankumar, aged 21 years, before this Court and set him at liberty. !For Petitioner ... Mr.G.Rajan in HCP 391/2011 For Petitioner ... Mr.M.Sundharasekaran in HCP 392/2011 ^For Respondents... Mr.C.Ramesh, in HCP 392/2011 & Addl.Public Prosecutor. RR 3 & 4 in HCP 391/2011 :ORDER
(Order of the Court was made by P.JYOTHIMANI,J)
While HCP(MD)No.391 of 2011 has been filed by the father for
production of his daughter by name R.Reka, aged about 23 years, on the ground
that the 1st respondent, who is the son of the 2nd respondent, has been living
with his daughter, the detenue, which, according to him, is an illegal
relationship, HCP(MD)No.392/2011 has been filed by the 2nd respondent in
HCP(MD)No.391/2011 for production of his son P.Jegankumar, aged about 21 years,
shown as respondent No.1 HCP(MD)No.391/2011.
2.Today, the detenus in both the HCPS are present before this Court.
The petitioners in both the HCPs are also present. We have enquired both the
detenus. On enquiry, the detenue in HCP(MD)No.391/2011, who is aged about 23
years, in categoric terms expressed her unwillingness to go with her father
S.Rajendran and mother Subbulakshmi, who are also present in the Court. The
parents of the detenue Reka have also in categoric terms expressed their
unwillingness to take back their daughter Reka with them. The said detenue Reka
is stated to be working at Tiruppur. Since she is a major and she refuses to go
with her father, the petitioner, recording her statement the habeas corpus
petition is closed and she is set at liberty.
3.In respect of HCP(MD)No.392 of 2011, the detenue P.Jegan Kumar,
who is aged about 21 years, on enquiry, agreed to go with his father
V.Panidarajan, the petitioner. The petitioner also states that his son
P.Jegankumar has no relationship with the detenue in HCP (MD) No.391 of 2011.
In view of the statement made by the petitioner and also the detenu agreeing to
go with his father, recording their statements this HCP (MD)No.392 of 2011 is
also closed.
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To
1.The Sub-Inspector of Police,
Bodi-Rural Police Station,
Theni District.
2.The Superintendent of Police,
Theni District.
3.The Inspector of Police,
Taluk Police Station,
Bodinayackanur,
Theni District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.