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2011 Supreme(Mad) 4175

K.N.BASHA, T.SUDANTHIRAM, S.NAGAMUTHU
T. Sivakumar – Appellant
Versus
Inspector of Police, Thiruvallur Town Police Station – Respondent


Appearing Advocates:
For the Petitioner:R. John Sathyan, R. Sivakumar, Advocates.
For the Respondents:R1 - M. Maharaja, Addl. Public Prosecutor, R2 & R3 - Sudha Ramalingam, Advocates, P.N. Prakash, Amicus Curiae.

JUDGMENT :-

S.NAGAMUTHU. J.,

1. Selvi. Sujatha, the detenue, is aged 17 years. She is the daughter of the petitioner. Previously, she was studying in a Higher Secondary School at Tiruvallur and was staying at the house of the petitioner's sister. On 08.06.2011 at about 4.30 p.m. She had gone to a local temple, but she did not return thereafter. The petitioner learnt that the 2nd respondent along with others had kidnapped her. He preferred a complaint in this regard before the 1st respondent on 20.06.2011 on which a case in Crime No.309 of 2011 for offence under Section 366(A) of IPC has been registered. Alleging that the minor detenue was kept illegally by the kidnappers, the petitioner filed the present habeas corpus petition.

2. The 3rd respondent is the father of the 2nd respondent. When this habeas corpus petition came up for hearing before a Division Bench, on 28.07.2011, the Division Bench ordered notice to the respondents. In pursuance of the same, the minor detenue appeared before the Division Bench on 01.08.2011 and filed an affidavit to the effect that she had fallen in love with the 2nd respondent for quite some time and that on knowing the same, her parents started arrang














































































































































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