Allowed

T.v.Sashindran v. the Commissioner of Police

Madras HC16 Jun 2014HCP/1565/2014

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by the father to produce his allegedly kidnapped daughter, the Court found the woman present in Court. She disclosed her marriage on the day she went missing and categorically stated she wished to remain with her husband. The Court set her at liberty to go as per her wish.

What did the court decide?

The detenu T.S.Malathy was set at liberty to go as per her wish to live in her matrimonial home. The Habeas Corpus petition was disposed of accordingly.

T.v.Sashindran Vs the Commissioner of Police — Quashing and FIR | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.06.2014

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CORAM:

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THE HONOURABLE MR.JUSTICE V.DHANAPALAN

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and

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THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM

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H.C.P. No.1565 of 2014

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T.V.Sashindran .. Petitioner

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Vs.

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The Commissioner of Police, Poonamallee High Road, Chennai.

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The Inspector of Police, R-5, Virugambakkam Police Station, Chennai. ... Respondents

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Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus, for a direction to the respondents to produce the person or body of detenu T.V.Malathy, daughter of T.V.Sashindran, aged about 21 years before this Court and to set her at liberty forthwith.

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For Petitioner : Prof. M.Udaya Bhanu

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For Respondents: Mr.M.Maharaja, for R1 & R2

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Addl. Public Prosecutor Mr.S.Nambirajan, for victim girl

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(Order of the Court was made by V.DHANAPALAN, J.)

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The father of the detenu is before this Court for a direction to the respondents to produce the detenu T.V.Malathy, aged about 21 years, before this Court and to set her at liberty.

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According to the petitioner, he has got three children, viz. (i) elder son T.S.Arun Kumar and (ii) twins – one son and one daughter, namely, T.S.Manoj Kumar and T.S.Malathy, respectively. He would submit that his daughter, viz. T.S.Malathy was missing on 28.05.2014 and therefore, he gave a complaint at R5 Virugambakkam

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https://hcservices.ecourts.gov.in/hcservices/

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Police Station and it was registered vide FIR No.901/14, dated 28.05.2014. On coming to know through reliable sources that one Mr.Abdul Kani @ Kishore had kidnapped his daughter on 28.05.2014, the petitioner informed the same to the respondent Police. As there was no fruitful action by the respondent Police, the petitioner is before this Court for the above relief.

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We have heard the learned Additional Public Prosecutor appearing for the respondents.

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The detenu T.S.Malathy is present in the Court. When we enquired the detenu, she stated that her date of birth is 30.01.1994, aged 20 years and that she studied upto 12^th standard. She admitted that she got married to one Kishore and there was a nikkah at the office of the Registrar of Marriages itself. She also informed that her husband Abdulla Gani @ Kishore studied upto 10^th standard and is now working with Sadiq Textiles, No.156 Sathya Bazaar, Pondy Bazar, T.Nagar, Chennai. In proof of her marriage, she has furnished a copy of her Marriage Certificate dated 28.05.2014 issued by the Marriage Registrar, District Registrar Office, Chennai North, which would read thus:

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“This is to certify that Thiru.J.ABDULLAGANI, S/o.Thiru.JAINULABUDEEN residing at P.No.136, Baskar Colony, 2^nd Street, Virugambakkam, Chennai 600 092 and Tmt. T.S.MALATHY, D/o.Thiru.SASHIENDRAN T.V. residing at No.51/22, Kalaignar Karunanithi Salai, Mathiyazhagan Nagar, Saligramman, Chennai 600 093 have furnished the particulars in Memorandum declaring that their marriage has been solemnized on 28.05.2014 at No.111/6, Moore Street, Chennai 600 001 and the same has been registered this 28^th day of Mary 2014 at Serial No.2294 of 2014 of Register of Marriages maintained under the Tamilnadu Registration of Marriages Act, 2009.”

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The parents of the detenu are also present in the Court and the detenu conversed with them in the open Court. Pursuant thereto, the detenu T.V.Malathy firmly and categorically informed us that she is not inclined to go with the petitioner and she requested to allow her to go as per her wish so as to live in her matrimonial home.

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In the light of the above stated position, this Court is left with no other option except to allow the detenu to go as per her wish. Accordingly, we set the detenu T.S.Malathy at liberty to go as per her wish.

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https://hcservices.ecourts.gov.in/hcservices/

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This Habeas Corpus Petition is disposed of accordingly.

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Sd/Asst.Registrar (CS V ) Dated:03.07.2014

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/true copy/
Sub Asst. Registrar
abe
To :
1. The Commissioner of Police,
Poonamallee High Road,
Chennai.
2. The Inspector of Police,
R-5, Virugambakkam Police Station,
Chennai.
3. The Public Prosecutor
High Court, Madras.
H.C.P.No.1565 of 2014
EV (CO)
kk 4/7

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https://hcservices.ecourts.gov.in/hcservices/

T.v.Sashindran v. the Commissioner of Police

Case brief

What is this about?

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T.v.Sashindran v. the Commissioner of Police

Case brief

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