IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE M.GOVINDARAJ H.C.P. No.2591 of 2016 Thaiyanayagi .. Petitioner Vs.
1. The Superintendent of Police Superintendent of Police Office Ariyalur District
2. The Inspector of Police Keelapalur Police Station Keelapalur Ariyalur District .. Respondents * * * Petition under Article 226 of the Constitution of India, praying for issuance of Writ of Habeas Corpus directing the 1st and 2nd respondent to produce the person or body of the detenue namely Kalaivani D/o.Somasundaram aged 18 years before this Hon'ble Court and set her at liberty.
* * * For Petitioner :: Ms.V.Jeyarani For Respondents :: Mr.V.M.R.Rajentren, Addl. Public Prosecutor O R D E R (Made by S.MANIKUMAR, J.) Mother has sought for writ of habeas corpus, to produce her daughter Kalaivani, aged about 18 years.
2. Material on record discloses that, earlier, father of the detenue, namely, Somasundaram, has filed H.C.P.(MD) No.175/2016 for the very same prayer, wherein, one Mr.Ramesh, has been impleaded, as respondent No.3. In the said HCP, after enquiry with the detenue, a Hon'ble Division Bench of this court, vide order dated 01.06.2016, closed the Habeas Corpus Petition, stating that the detenue was major by then.
3. Though the said respondent has not been arrayed as a party in the present H.C.P.No.2591/2016, on enquiry with the alleged detenue, we could deduce that status quo ante as on 01.06.2016 continues. She further added that she wants to be set free and not inclined to go with her mother/writ petitioner. As illegal detention is denied, question of issuing, writ of habeas corpus, does not arise.
Accordingly, the Habeas Corpus Petition is dismissed.
Index: Yes/No Internet : Yes/No asr To
1. The Superintendent of Police Superintendent of Police Office Ariyalur District
2. The Inspector of Police Keelapalur Police Station Keelapalur Ariyalur District (S.M.K., J.) (M.G.R., J.) 01.03.2017
3. The Public Prosecutor, High Court, Madras.
4. The Section Officer, Criminal Section, High Court, Madras 104.
S.MANIKUMAR, J. & M.GOVINDARAJ, J.
asr HCP.No.2591 of 2016 01.03.2017