LAWS(MAD)-2008-7-36

PACHAI MUTHU Vs. SUPERINTENDENT OF POLICE

Decided On July 02, 2008
PACHAI MUTHU Appellant
V/S
SUPERINTENDENT OF POLICE AND OTHERS Respondents

JUDGEMENT

(1.) THE petitioner is the father of the detenue by name Ms.Bhaghiya Lakshmi. According to the petitioner, the detenue is a minor and she was born on 28.07.1990. THE detenue was found missing from 21.03.2008. On enquiry, he came to know that the fourth respondent Silambarasan had kidnapped her with the help of the respondents 5 and 6. THErefore, he lodged a complaint to the Inspector of Police, Law and Order, Veppur Police Station, Veppur, Virudachalam Taluk, Cuddalore Districton 24.03.2008. As the said complaint was not properly acted upon, a representation dated 08.04.2008 was made to the District Collector, Cuddalore District, Superintendent of Police, Cuddalore District and other higher officials. Still there was no action, he was constrained to approach this court by way of the present Habeas Corpus Petition.

(2.) WHEN the petition was taken up for hearing, the respondent police produced the detenue Ms. Bhaghiya Lakshmi. We enquired with the detenue girl. On enquiry by the court, she has stated that she was born on 28.07.1990. However, as she had fallen in love with the fourth respondent Silambarasan, she had left her parents on 21.03.2008 and stayed along with him in Pondur Village, near Sriperumbudur and got married him on 24.03.2008 at Vallakkottai Murugan Temple. She has further stated that both of them lived as husband and wife; that the marriage was also consummated; and that she is now pregnant for about two months. WHEN a specific question was asked, she has stated that she is not wiling to accompany with her parents and claimed that the said Silambarasan, the fourth respondent is her husband and she is persistent to go along with him.