B.Janagipriya v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.2424 of 2015 B.Janagi Priya ... Petitioner/Wife of the detenue

Versus

1.The State of Tamil Nadu through the Home Secretary Department of Home, St.George Fort, Chennai.

2.The Commissioner of Police Chennai City Police Commissionerate Office Chennai 600 002.

3.The Inspector Royapettah Police Station Chennai 600 014.

4.The Commissioner of Police Coimbatore City Police Commissionerate Office Coimbatore 641 035.

5.The Inspector Peelamedu Police Station Coimbatore 641 004.

6.V.Priyadarshani 7.VeluMayeil 8.Baby Kousalya 9.Selva Lakshmi 10.Jayanthi a.k.a. Shyamala Devi .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 2 to 5 herein to produce the detenue, the petitioner's husband namely P.Anand Maharajan, S/o Palaniswamy, aged about 48 years before this Court and set him at liberty from the illegal detention of the respondents 6 to 10 herein.

For Petitioner :

Mr.S.Arivazhagan For RR 1 to 5 :

Mr.A.N.Thambidurai Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.,] This petition has been filed seeking a direction to the respondents 2 to 5 herein to produce the detenu, the petitioner's husband namely P.Anand Maharajan, S/o Palaniswamy, aged about 48 years before this Court and set him at liberty from the illegal detention of the respondents 6 to 10 herein.

2. Even as per the affidavit filed in support of the Habeas Corpus Petition, it appears that there is no illegal detention of the detenu, but a family discord, where the husband of the petitioner has left the matrimonial home and has sought refuge elsewhere. It is seen that respondents 7 to 10 have a role in the family discord. Hence, we find that this is not a case of illegal detention, but a case for resolving the issue in Family Court. On this premise, this Habeas Corpus Petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar gms To 1.The Home Secretary, Government of TamilNadu Department of Home, St.George Fort, Chennai.

2.The Commissioner of Police Chennai City Police Commissionerate Office Chennai 600 002.

3.The Inspector of Police, Royapettah Police Station Chennai 600 014.

4.The Commissioner of Police Coimbatore City Police Commissionerate Office Coimbatore 641 035.

5.The Inspector of Police, Peelamedu Police Station Coimbatore 641 004.

6.The Public Prosecutor High Court, Chennai.

HCP.No.2424 of 2015 msm(co) aa06/01/2016