IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:30.08.2010
CORAM:
THE HON'BLE MR.JUSTICE M. CHOCKALINGAM
AND
THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN
H.C.P. No.1176 of 2010
K. Rose ... Petitioner
Vs.
1. The Commissioner of Police,
Chennai City Police,
Office of the Commissioner
of Police,
Egmore, Chennai 600 008.
2. The Inspector of Police,
P.5, Maha Kavi Bharathi Nagar
Police Station,
Vyasarpadi, Chennai 600 039.
3. Mr. Thirunavukarasu
4. Sesuraj ... Respondents
Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, directing the respondents to produce the body of the detenue Miss. Karpagam, aged 21 years, D/o. K.Rose before this Court and set her at liberty.
For Petitioner : Mr. M. Christopher
For Respondents : Mr. Babu Muthumeeran
Additional Public Prosecutor
for R1 and R2
Mr. V.K. Elango
for R4
O R D E R
(Order of the Court was made by M. CHOCKALINGAM,J)
On “Being Mentioned” by the learned counsel for the State, this matter is taken up this day. The detenue is produced before this Court. Learned counsel appearing for the petitioner is also present.
2. As could be seen from the averments made in the affidavit, the daughter of the petitioner, aged 20 years, is found missing from 1.4.2010, but she has not been secured by the respondent-police. Hence, he is compelled to file the present habeas corpus petition.
3. This day, the detenue is produced before this Court by the respondent-police. When she was enquired, she stated that she was born on 5.6.1988 and she studied upto X Standard. She married Thirunavukkarasu in a temple at Sulurpet and she is living with him. The said fact was not known to the petitioner. It is not correct to state that she was either threatened by the wife of the fourth respondent or she was taken custody by them. She is all along living with her husband at Sulurpet from where she has been produced before this Court. It is stated that a case in Crime No.566 of 2010 was registered by P.5 Maha Kavi Bharathi Nagar Police Station and the same is pending investigation.
4. The averments made by the petitioner in the affidavit that the detenue was threatened by the wife of the fourth respondent and apart from that her signatures were obtained in revenue papers and she was found missing from 1.4.2010 are too contrary. From the statement made by the detenue as referred to above, it is quite clear that the detenue is a major and she is living with her husband. Under such circumstances, the request of the petitioner for habeas corpus does not arise for consideration and the habeas corpus petition is disposed of accordingly.
ssa.
To
1. The Commissioner of Police,
Chennai City Police,
Office of the Commissioner
of Police,
Egmore, Chennai 600 008.
2. The Inspector of Police,
P.5, Maha Kavi Bharathi Nagar
Police Station,
Vyasarpadi,
Chennai 600 039