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2013 DIGILAW 2198 (MAD)

Nagarajan v. Superintendent of Police Kancheepuram

2013-06-25

M.JAICHANDREN, M.M.SUNDRESH

body2013
JUDGMENT :- M. Jaichandren, J. 1. This habeas corpus petition has been filed by the petitioner praying that this Court may be pleased to direct the respondents to produce the detenue namely, Elavarasi, before this Court and to set her at liberty. 2. The petitioner has stated that he is employed as a B.T. Assistant at Mattavettu Panchayath Union Middle School in Tiruvannamalai District. He has further stated that he belongs to the Adi Dravida Community. It is stated by the petitioner that the detenue, who is aged about 25 years, had studied B.Sc., B.Ed. Course and belongs to a backward class community. The petitioner would further allege that the petitioner and the detenue were in love with each other, for over six years. However, the parents of the detenue had opposed the relationship between the petitioner and the detenue. The fourth respondent, the father of the detenue had, in fact, arranged for the marriage of the detenue with another person. However, the marriage had been stopped at the instance of the detenue. Thereafter, the fourth respondent and his family members are threatening the petitioner, as well as the detenue, with dire consequences. In such circumstances, the petitioner had filed a complaint before the first and the second respondents. However, no effective steps had been taken to release the detenue from the illegal custody of the third and the fourth respondents and hence, the petitioner has filed the present petition. 3. Today, when the matter was listed for hearing, the petitioner, the detenue and her parents were present in Court. On enquiry, the detenue had stated that she is in love with the petitioner and she would like to live with him. She had clearly stated that she does not want to go with her parents. It is also noted that the detenue is a Teacher in G.V.R. Matriculation and Higher Secondary School, at Kappivakkam Village, Cheyyur Taluk, Kancheepuram District. The detenue is also a major and it is open to her to take a decision, as per her wish. 4. In view of the fact that the detenue has stated that she is willing to go along with the petitioner, we find it appropriate to permit her to go along with the petitioner. The detenue is also a major and it is open to her to take a decision, as per her wish. 4. In view of the fact that the detenue has stated that she is willing to go along with the petitioner, we find it appropriate to permit her to go along with the petitioner. It is also made clear that if the petitioner or the detenue seeks police protection, it is for the respondent – Police to provide sufficient protection to them. 5. The habeas corpus petition is ordered accordingly.