L.Vijayakumar v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1537 of 2015 L.Vijayakumar ... Petitioner -v1.The Station House Officer, Kalapet Police Station, Puducherry.

2.Kandan ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the first respondent to produce the body of the petitioner's wife Divya aged about 22 years and petitioner's minor son Krikshith, aged about 2 years, before this Court and set them at liberty. For Petitioner :

Mr.V.Jeevagiridharan For Ist Respondent :

Mr.R.Thangavel Addl. Public Prosecutor (Pondy) for R1

O R D E R

(Order of the Court made by S.TAMILVANAN,J.) Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the first respondent and no representation for the second respondent. 2.This petition has been filed by the petitioner/husband of the detenus Divya, aged 22 years and minor son Krikshit, aged about 2 years, directing the first respondent to cause production of the detenus before this Court and to set them at liberty. 3.The detenue Divya, wife of the petitioner along with her male child aged about two years, are secured and produced before this Court by the respondent police. The petitioner is also present before this Court.

https://hcservices.ecourts.gov.in/hcservices/

4.On enquiry, the detenue Divya states that she is a major and she is not willing to go with her husband/the petitioner herein and she further submits that she is now residing with her friend Kalaivanani's Aunt, by name Vijayalakshmi at No.278 C, Anna Nagar, Sivanandam Colony, Coimbatore and that there is no illegal detention of her by anybody.

4.Recording the statement made by the detenue to the effect that there is no illegal detention, we are of the view that this petition could be closed as nothing further remains to be considered in this petition. However, if there is any grievance, it is open to the petitioner to work out his remedy before the appropriate forum according to law.

5.Accordingly, this petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Station House Officer, Kalapet Police Station, Puducherry.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1 cc to M/s.V.Deevagiridharan, Advocate sr.43918 +1 cc to Senior Government Pleader cum senior Public Prosecutor High Court madras vide sr.44319 H.C.P. No.1537 of 2015 aa08/09/2015 https://hcservices.ecourts.gov.in/hcservices/