Perumal v. The Commissioner of Police

ORDER (Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of his son, namely, Thirumoorthy, aged about 25 years, has filed this Habeas Corpus Petition.

2.Today, when the matter is taken up for hearing, the respondent Police has produced the detenue boy, namely, Thirumoorthy before this Court, who has stated before us that he has completed P.G. degree and during college days, he fell in love with one Subbulakshmi of the family belongs to the respondents 6 and 7 and since both belong different communities, there had been dissentient for such proposal and therefore, they decided to marry and according to them, the marriage was performed on 29.05.2023 in a temple at Trichy by exchanging garland.

3.The very statement made by the detenue is endorsed by the said Subbulakshmi, who is also present before this Court.

4.Both of them made a request before this Court that since there has been a life threat from the family of the girl opposing the inter-caste marriage, they sought police protection, for which they already gave a representation to the respondent Police. Therefore, a suitable direction can be given to them to consider the request for giving police protection, that has been in fact reiterated by the learned counsel for the petitioner.

5.We have heard the learned Additional Public Prosecutor for the respondents 1 to 5, who would submit that whatever the necessity for giving such police protection that would be evaluated and accordingly, action would be taken by the respondents.

6.By considering the said submissions and as the detenue being major of 25 years old claimed to have married the girl, for the well being and protection, the request for giving such protection or security as and when required can be considered and a decision to that effect can be taken by the respondent Police, especially, the 2nd respondent and needful action may be taken in this regard.

7.With this direction, this Habeas Corpus Petition is closed. (R.S.K., J.) & (K.K.R.K, J.)

14.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To

1.The Commissioner of Police, Dindigul City, Dindigul.

2.The Superintendent of Police, Karur District, Karur.

3.The Deputy Superintendent of Police, Kulithalai, Karur District.

4.The Inspector of Police, Dindigul Town North Police Station, Dindigul District.

5.The Inspector of Police, Thogamalai Police Station, Karur District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.SURESH KUMAR, J. AND

K.K.RAMAKRISHNAN, J. MYR H.C.P.(MD)No.700 of 2023

14.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023 CORAM: THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.700 of 2023 Perumal ... Petitioner / Father of the detenue Vs. 1.The Commissioner of Police, Dindigul City, Dindigul. 2.The Superintendent of Police, Karur District, Karur. 3.The Deputy Superintendent of Police, Kulithalai, Karur District. 4.The Inspector of Police, Dindigul Town North Police Station, Dindigul District. 5.The Inspector of Police, Thogamalai Police Station, Karur District. 6.Mangan 7.Chinnavaliyan 8.Bala ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 5 to produce the person or body of the petitioner's son, namely, Thirumoorthy, 25 years old man before this Court and set him at liberty. For Petitioner : Mr.R.Murugappan For R1 to R5 : Mr.RMS.Sethuraman, Additional Public Prosecutor