H.C.P.No.1445 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

AND

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.NO.1445 OF 2023

A.Anandraj

.. Petitioner

Vs.

1.The State Represented by

The Commissioner of Police

Office of Police Commissionerate

Avadi, Chennai - 600 054.

2.The Inspector of Police

W-28, All Women Police Station

Ambattur,

Chennai – 600 053.

3.Rajan

4.Geetha

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Habeas Corpus to direct the first and

second respondent Police to produce the petitioner's wife namely

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H.C.P.No.1445 of 2023

Mrs.Greeshma, aged about 28 years, before this Court from the custody of

the second and third respondents and set her at liberty.

For Petitioner

:

Mr.S.Srinivasu

For Respondents

:

Mr.E.Raj Thilak

1 and 2

Additional Public Prosecutor

For Respondents :

Mr.M.Premkumar

3 and 4

O R D E R

[Order of the Court was made by M.SUNDAR, J.]

This order will now dispose of the captioned 'Habeas Corpus

Petition' ['HCP' for the sake of brevity].

2.Factual matrix in a nutshell is that the petitioner says that he

is married to one Greeshma (hereinafter 'Greeshma' shall be referred to as

'absentee' for the sake of convenience), aged 28 years; that the marriage was

solemnized on 26.04.2023; that respondents 3 and 4 who are parents of the

absentee lodged a complaint in T-1 Ambattur Police Station on 05.05.2023

saying that the absentee is missing; that absentee was present in T-1

Ambattur Police Station on 05.05.2023 pursuant to investigation which in

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H.C.P.No.1445 of 2023

turn was pursuant to the complaint; that captioned HCP has been filed in

this Court on 17.07.2023 saying that respondents 3 and 4 are holding the

'absentee' in illegal detention and that they are not permitting the petitioner

to meet the absentee; that the petitioner has given a complaint dated

21.05.2023 (CSR No.349/2023) before the second respondent police station

(W-28, All Women Police Station, Ambattur, Chennai – 600 053).

3.Today, Mr.S.Srinivasu, learned counsel on record for

petitioner, petitioner, Mr.E.Raj Thilak, learned State Additional Public

Prosecutor for respondents 1 and 2 (official respondents), fourth respondent

(mother of absentee), absentee and Mr.M.Premkumar, learned counsel

(Enrolment No.MS.1502/1999, No.5, First Floor, New Avadi Road,

Villivakkam, Chennai – 600 049) are before us.

4.Mr.M.Premkumar, learned counsel for third and fourth

respondents submits that he has instructions to represent respondents 3 and

4. This submission is recorded.

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H.C.P.No.1445 of 2023

5.After hearing all learned counsel and learned Prosecutor, this

Bench had interaction with the absentee. Thereafter, the absentee had

interaction with the petitioner (one to one with adequate privacy). After this,

the absentee had interaction with the fourth respondent also (one to one with

adequate privacy). After such interactions, this Bench again interacted with

the absentee. From the interactions with the absentee, the following points

emerged:

(i) Absentee is clearly a Major and she is 28

years old;

(ii) Petitioner is also a Major and he is 30 years

old;

(iii) The absentee married the petitioner on

26.04.2023;

(iv) The absentee was with the respondents 3

and 4 after the marriage on her own volition in the

hope of convincing her parents to accept her marriage

with the petitioner;

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H.C.P.No.1445 of 2023

(v) The absentee now says that she would go

with the petitioner (her spouse);

(vi) The absentee says that she has

communicated this both to the petitioner as well as the

fourth respondent in her aforementioned one to one

i