M.Senthil v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUDHAKAR AND THE HON'BLE MR.JUSTICE P.N. PRAKASH H.C.P. No.244 of 2015 M.Senthil .. Petitioner vs.

State rep by Inspector of Police S-5, Pallavaram Police Station Chennai.

.. Respondent Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondent herein to produce the body of the petitioner's wife the detenue namely Miss Saranya aged 25 years under the illegal custody of Elumalai before this Court and set her at liberty at once. For petitioner : Mr.S.Victor Samuel [No appearance] For Respondent : Mr.A.N.Thambidurai Additional Public Prosecutor

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This petition has been filed seeking a direction to the respondent herein to produce the body of the petitioner's wife, the detenue namely Saranya, aged 25 years under the illegal custody of Elumalai before this Court and set her at liberty at once.

2. No representation for the petitioner. Heard the learned Additional Public Prosecutor appearing for the State.

3. It is the case of the petitioner that his wife Saranya, aged about 25 years went missing, in connection with which a case in S5 Pallavaram Police Station Cr.No.1354 of 2014 for "Woman Missing" has been registered.

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4. Learned Additional Public Prosecutor submits that the petitioner's wife has eloped with one Elumalai, as stated by the petitioner in paragraph no.5 of his affidavit.

5. In view of the above, we are of the opinion that there is no illegal detention of the said Saranya, warranting issuance of Writ of Habeas Corpus Petition.

Accordingly, this petition is closed with a direction to the respondent police to proceed with the investigation in Cr.No. 1354 of 2014 and keep the petitioner informed of the developments, if any. Gms Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police S-5, Pallavaram Police Station Chennai.

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

H.C.P.No.244 of 2015 AK(CO) sd : 28/12/2015 https://hcservices.ecourts.gov.in/hcservices/