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Madras High CourtHCP/1446/2018closed

B.Sathishwaran, v. State Rep. By

2018-07-31Honourable Mrs Justice S. Ramathilagam,Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2018

CORAM:

THE HON'BLE Dr. JUSTICE S.VIMALA AND THE HON'BLE MRS. JUSTICE S.RAMATHILAGAM Habeas Corpus Petition No.1446 of 2018 B.Sathishwaran ... Petitioner versus State Rep. by:

1. The Commissioner of Police, Greater Chennai, Chennai

2. The Superintendent of Police, Thiruvalur District, Thiruvalur

3. The Inspector of Police, Thiruverkadu Police Station, Thiruvalur District

4. Ragavan

5. Munusamy ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a direction to direct the respondents 1 to 3 to rescue the petitioner's wife, Kowsalya, W/o. Sathishwaran, aged about 20 years, from the illegal custody of the respondents 4 and 5 and produce her before this Court and to set her at liberty forthwith.

For Petitioner : Ms. S.Sengkodi, for, M/s. S.Rajanikanth For Respondents : Mr. R.Prathap Kumar, APP., for R-1 to R-3

O R D E R

(Order of the Court was made by S.Vimala, J.,) This Habeas Corpus Petition has been filed by the petitioner / husband seeking direction to respondents 1 to 3 to produce his wife / Kowsalya.

2. In support of the claim made that the detenu, Kowsalya, is his wife, the petitioner has enclosed the Marriage Certificate, bearing Certificate No.48/2018, dated 16.02.2018, issued by the Government of Tamil Nadu.

3. The learned counsel appearing for the detenu would submit that after the filing of this petition, the detenu, Kowsalya, has joined the petitioner herein and they are living together. https://hcservices.ecourts.gov.in/hcservices/

The learned counsel further submitted that the said fact may be recorded and this petition may be closed.

4. Both the petitioner as well as the detenu are present, in person, before this Court. The facts are not disputed by the learned Additional Public Prosecutor appearing for the respondents 1 to 3. It is also represented that it is only the respondents 1 to 3 / Police, who were instrumental in tracing out the detenu, Kowsalya, and only thereafter, the petitioner and the detenu joined together.

5. In view of the above, this Habeas Corpus Petition is closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar srk To

1. The Commissioner of Police, Greater Chennai, Chennai

2. The Superintendent of Police, Thiruvalur District, Thiruvalur

3. The Inspector of Police, Thiruverkadu Police Station, Thiruvalur District

4. The Public Prosecutor, High Court, Madras. H.C.P.No.1446 of 2018 gj(co) nr 13/08/2018 https://hcservices.ecourts.gov.in/hcservices/