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2015 DIGILAW 462 (MAD)

Kathirvel v. State rep. by Superintendent of Police, Office of Superintendent of Police, Kancheepuram

2015-01-28

ARUNA JAGADEESAN, M.JAICHANDREN

body2015
Judgment 1. This Habeas Corpus Petition has been filed to direct the respondents to produce the detenue, namely, Kalaimathi, before this Court and set her at liberty. 2. The petitioner is the father of the detenue. It has been stated in the petition that the detenue was the 2nd year student of engineering in Karpagavinayaga College of Engineering and Technology at GST Road, Chinnakolapakkam, Maduranthagam Taluk, Kanchipuram District. On 20.12.2014, the detenue went to the college from her home and she did not return. Therefore, the petitioner went to the college and on enquiry, he was informed that all the students left the college after the college time was over. Thereafter, the petitioner searched his daughter in all his relatives' houses and he found her nowhere. Finally, the petitioner came to know that the third respondent had kidnapped his daughter. Therefore, the petitioner lodged a complaint with the Sub Inspector of Police, Kancheepuram District, the second respondent herein. The said complaint was registered and the second respondent Police issued CSR No.254 of 2014, on the same day. Since no effective steps had been taken by the second respondent Police, the petitioner had filed the present Habeas Corpus Petition. 3. Today, when the matter is taken up for hearing, the detenue was produced before us by the second respondent Police. On enquiry, the detenue stated that she is a major and she produced the Transfer Certificate. As per the said certificate her date of birth is 30.5.1996 and has completed 18 years. Hence, she is a major as on the date. She further stated that she had gone with the third respondent to whom she got married and she expressed her unwillingness to go with her parents. However, she expressed her willingness to go with the third respondent. 4. In such circumstances, as the detenue is a major and since she expressed her unwillingness to go with her parents, she is permitted to go as per her wish. As no further orders are necessary, we find it appropriate to close the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.