Dismissed

Mr.Samuvel Jayaraj, Aged 63YRS v. the Superintendent of Police

Madras HC15 Dec 2016HCP/2497/2016

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition for his adult daughter. The detenue appeared in court, stated she was residing in Sharjah, and expressed unwillingness to return with her father due to forced marriage concerns. The court permitted her to leave.

What did the court decide?

The detenue Helan Jemimah is permitted to go as per her wish; the Habeas Corpus Petition stands closed.

Mr.Samuvel Jayaraj, Aged 63YRS Vs the Superintendent… — Writ and Judicial Review | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2016

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CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.2497 of 2016

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Samuvel Jayaraj .. Petitioner
Vs
1.The Superintendent of Police,
Office of the Superintendent of Police,
The Nilgiris District.
2.State by
the Inspector of Police,
All Women Police Station,
Coonoor, The Nilgiris.
3.Mathew Varghese .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the first and the second respondents to secure the body of the detenue, by name Helan Jemimah, daughter of Samuvel Jayaraj, produce her before this court and to set her at liberty.

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For Petitioner : No appearance

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For Respondents : Mr.V.M.R.Rajentran, APP for RR1 and 2 Mr.M.R.Radhakrishnan for detenu ORDER [Order of the Court was made by M.JAICHANDREN,J]

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This Habeas Corpus Petition had been listed, under the special list, on the mentioning made by the learned Additional Public Prosecutor that the detenu had appeared before this Court.

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2 This Habeas Corpus Petition has been filed by the

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

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petitioner, praying that this Court may be pleased to issue a direction to the respondents 1 and 2 to secure the detenue, namely, Helan Jemimah, daughter of Samuvel Jayaraj and to produce her before this Court.

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3 Today, when the matter had been taken up for hearing, the detenue was present before this Court, along with the counsel Mr.M.R.Radhakrishnan. On enquiry, the detenue had stated that she is residing, at Sharjah, along with her friends. She had stated that she does not want to go along with the petitioner, who is her father, as he is trying to give her in marriage to a person, against her wish. She had further stated that she has nothing to do with the third respondent herein.

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4 In such circumstances, this Court is of the considered view that, since the detenue is aged about 31 years and she had expressed her unwillingness to go, along with the petitioner, it is appropriate to permit the detenue to go as per her wish. Accordingly, the detenue, Helan Jemimah, is permitted to go, as per her wish. No further orders are necessary in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar vvk To 1.The Superintendent of Police, Office of the Superintendent of Police, The Nilgiris District. 2.The Inspector of Police, All Women Police Station, Coonoor, The Nilgiris. 3.The Public Prosecutor, High Court, Madras. +1cc to Mr.M.R.Radhakrishnan Advocate sr.73485

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H.C.P.No.2497 of 2016 rsy(co) ss(10/01/2017)

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

Mr.Samuvel Jayaraj, Aged 63YRS v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Mr.Samuvel Jayaraj, Aged 63YRS v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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