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Ethayaraja v. The State of Tamilnadu

Madras HC2 Jan 2025HCP(MD)/1503/2024

Case brief

AI extract

What is this about?

Habeas corpus petition H.C.P.(MD)No.1503 of 2024 under Article 226 filed by Ethayaraja, next friend of detenue Ms.S.R.Pameela, against the Superintendent of Police, Theni District and the Inspector of Police, Theni Town Police Station; detenue produced before the Madurai Bench of Madras High Court; detenue, an adult siddha doctor, wished to go with the petitioner despite opposition from her mother and brother to their proposed marriage; Court held that a major cannot be restrained by any person and granted her liberty to go with the petitioner; petition disposed of on 02.01.2025 by G.R.Swaminathan, J. and R.Poornima, J.

What did the court decide?

Liberty granted to the detenue Ms.S.R.Pameela to go with the petitioner; habeas corpus petition disposed of accordingly. ¶27

Ethayaraja Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

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H.C.P.(MD)No.1503 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.1503 of 2024

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Ethayaraja ... Petitioner / Friend of the Detenu

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Vs.

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State of Tamil Nadu rep. by

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1.The Superintendent of Police, Theni District, Theni.

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2.The Inspector of Police, Theni Town Police Station, Theni District.

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 & 2 to produce the petitioner's friend namely Ms.S.R.Pameela D/o.(late)S.Rajamanickam aged 28 years or her body before this Court and set her at liberty.

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https://www.mhc.tn.gov.in/judis

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1/4

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H.C.P.(MD)No.1503 of 2024

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For Petitioner : Mr.M.Jerin Mathew

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For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

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O R D E R

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(Order of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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The petitioner claims to be the next friend of the detenue Ms.S.R.Pameela. Notice was ordered on 09.12.2024. Today, when the matter was taken up for hearing, the second respondent produced the detenue before us. The detenue is said to be a siddha doctor. She is aged about 34 years. She made it clear that she wants to go with the petitioner herein. We spoke to the mother and the brother of the detenue. They are said to be against the marriage proposed to be held between the petitioner and the detenue. We made it clear to the mother that since Ms.S.R.Pameela is a major, it is not open to any person to restrain her

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conduct.

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2/4

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1503 of 2024

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