This habeas corpus petition filed to produce the petitioner's daughter, who eloped for the second time, was dismissed. The court noted the recidivism of the elopement and denied the writ.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.1491 of 2018
Abimanue
... Petitioner
-vs-
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Sivagiri Police Station, Sivagiri, Tirunelveli District. (Crime No.323 of 2018) ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the Respondents 1 and 2 to secure and produce either person or corpus of detenue namely Manimehalai, aged 19 years who is daughter of petitioner, before this Hon'ble Court and entrust to the custody of petitioner.
For Petitioner : Mr.P.T.Thiraviam
For Respondents 1 & 2 : Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner has filed this petition seeking production of his daughter and to set her at liberty.
2.This is a case of elopement for the second time. Despite the detenue having been secured, she once again eloped. She has also filed a petition to direct the police not to harass her.
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3.In view of the same, this Habeas Corpus Petition is dismissed.
Sd/-
Assistant Registrar (AS)
// True Copy //
Sub Assistant Registrar(CS-IV)
To
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Sivagiri Police Station, Sivagiri, Tirunelveli District.
+1 CC To MR.P.T.THIRAVIAM, Advocate SR. NO. 91284
H.C.P.(MD) No.1491 of 2018 23.10.2018
SJ TR/RP/SAR-IV(09.11.2018)2P 5C
3 issues framed by the court
Whether to grant a Writ of Habeas Corpus to produce the petitioner's daughter to the custody of the petitioner.
Whether to direct the police to stop harassing the detenue.
Whether to direct the authorities to produce the detenue who eloped for the second time.
Abimanue
The Superintendent of Police, Tirunelveli District
The Inspector of Police, Sivagiri Police Station
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
