BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/02/2010 CORAM THE HONOURABLE MR.JUSTICE P.MURGESEN AND THE HONOURABLE MR.JUSTICE RAJA ELANGO H.C.P.(MD) No.121 of 2010 Muniyandi ... Petitioner Vs 1.The Superintendent of Police, Ramanathapuram District. 2.The Inspector of Police, Town Police Station, Paramakudi, Ramanathapuram District. 3.Raja 4.Vellaiyammal 5.Rajagopal 6.Muthukumar 7.Murugesan .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to direct the respondents to produce the petitioner's daughter namely Kayathiri, aged 18 years in person or body, before this Court and hand over the custody to the petitioner. !For Petitioner ... Mr.P.Muthusamy ^For Respondents ... Mr.P.N.Pandidurai, Addl.Public Prosecutor for R1 and R2 :ORDER
(Order of the Court was made by
P.MURGESEN, J.)
The petitioner has approached this Court for a direction to the official
respondents to produce his daughter namely Kayathiri, aged 18 years in person or
body, before this Court and hand over the custody to the petitioner.
2. Learned counsel for the petitioner has submitted that the detenue
studied in the Ragaventra Teacher Training School at Paramakudi and on
28.01.2010 she did not return from the school to the house. He further
submitted, when the petitioner enquired about the detenue, he came to know that
she was kidnapped by one Raja, the third respondent herein.
3. Today, the detenue appeared before this Court. She claimed that she is
a student in the said Teacher’s Training School and she is aged 19 years old and
that she was not kidnapped by anybody. She further submitted that she wanted to
go only with the third respondent. At this juncture, the learned counsel for the
petitioner submitted that the relationship between the detenue and the third
respondent is a brother-sister relationship.
4. Since the detenue is a major and she is not under the illegal custody
of anybody, she is set at liberty and accordingly, the Habeas Corpus Petition is
closed.
KM
To
1.The Superintendent of Police,
Ramanathapuram District.
2.The Inspector of Police,
Town Police Station,
Paramakudi,
Ramanathapuram District.