Boopathi @ Prabakaran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Boopathi @ Prabakaran S/o.Manikkam ..
Petitioner Vs.
1.
State by The Superintendent of Police Erode District Erode - 638 002.
2.
The Inspector of Police Perundhurai Police Station Erode District - 638 052.
3.
Manikkam Vijayamangalam Village Varappalayam Erode District.
4.
Karthik Vijayamangalam Village Varappalayam Erode District.
..
Respondents Page Nos.1/6
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus for a direction to the respondents to produce the petitioner's wife namely Monisha (aged 19 years) who are illegally detained by respondents 3 and 4 before the Hon'ble Court and set her at liberty.
For Petitioner :
Mr.P.Pugalenthi For R1&R2 :
Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.NIRMAL KUMAR, J.,] The petitioner claiming to be the husband of detenue Monisha filed this petition seeking a direction to the respondents to produce the detenue Monisha alleging illegal detention by the respondents 3 and 4.
2. The submissions of the learned counsel for the petitioner is that the petitioner and the detenue were in love with each other for some time. On 01.12.2022, they got married at Makudeswarar Temple, Kodumudi. On 15.12.2022, the parents of detenue Monisha informed her that the third respondent who is father of the detenue was not feeling well and he wants to see the detenue. Thereafter, the detenue went to visit her father and not returned. Despite several attempts, the petitioner was not able to trace out Page Nos.2/6
the detenue and the petitioner apprehends that the third and fourth respondents illegally detained her. Hence, the petitioner sent a representation dated 04.01.2022 to respondents 1 and 2 to secure and handover the detenue to him. Since no action taken, the present Habeas Corpus Petition is filed before this Court.
3. Today, the detenue Monisha is produced by the Inspector of Police, All Women Police Station, Perundurai, who is the second respondent herein.
4. Learned Additional Public Prosecutor on behalf of State of Tamil Nadu submits that earlier the detenue lodged a complaint on 02.01.2023 stating that the petitioner had falsely projected that he is single, doing poultry business and married her, subsequently she was harassed by the petitioner. It came to the knowledge of the detenue that the petitioner involved in several criminal cases and already married, having seven years old daughter. Hence, coming to know about the antecedents she left the petitioner, lodged a complaint and the same was registered in CSR.No.6 of 2023.
5. On interaction with the detenue, it was found that she is studying Page Nos.3/6
B.Com at Vasavi College, Chithode, Erode District. She reiterated that a complaint was lodged to Soorampatti Police Station on 06.12.2022. At that time, the police informed her that the petitioner was involved in several cases, including murder case, NDPS case and chain snatching cases. Thereafter, on her own will, she joined her parents. She further stated that she is living with her parents from 06.12.2022. The petitioner was harassing and threatening the detenue and her family members forcing the detenue to come and live with him. On 01.01.2023 i.e., New Year Day, the petitioner came to the house of grandmother of the detenue, bursted crackers, fire broke out, damages caused to properties. Hence, she apprehends threat for her life and security at the hands of the petitioner. It is further stated by the detenue that, petitioner suppressed earlier marriage and a girl child born out of the said wedlock. The detenue is firm determined to live with her parents and to continue her education.
6. Since the detenue, who is a major not willing to join the petitioner, who is also present before this Court, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition. Learned counsel Page Nos.4/6
made an endorsement in the case file. It is made clear that we are not expressing any view or opinion on the merits of the matter and same is recorded only for the limited purpose of disposal of Habeas Corpus Petition. The detenue affirms that she is living with her parents on her own will not under any compulsion. The detenue also expresses that she wants to continue her education. Let the detenue continue her studies.
7. In view of the apprehension made by the detenue Monisha, the Inspector of Police, Perundurai Police Station as well as Inspector of Police, Chithode Police Station are directed to be alive of the situation and to provide adequate security to the detenue.
8. Accordingly, this Habeas Corpus Petition is disposed of as withdrawn / closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 19.01.2023 Index : Yes / No Speaking / Non-speaking mk M.SUNDAR, J., Page Nos.5/6
and M.NIRMAL KUMAR, J., To 1.
The Superintendent of Police State Erode District Erode - 638 002.
2.
The Inspector of Police Perundhurai Police Station Erode District - 638 052.
3.
The Public Prosecutor High Court, Madras.
19.01.2023 Page Nos.6/6