P.Chinnasamy @ David v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.169 of 2022 P.Chinnasamy @ David .. Petitioner Vs.

State represented by 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Kadathur Police Station, Dharmapuri District.

3.V.Vinoth 4.A.Kalaiyarasi 5.Annamalai .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents herein to produce the body of the petitioner's wife Deepa, W/o.Chinnasamy, aged about 35 years, who is now illegally detained by the respondents 3 to 5 before this Court and set her at liberty.

For Petitioner : Mr.D.Shobana For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor For RR 3 to 5 : Mr.D.Dhayalan

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents herein to produce the body of the petitioner's wife Deepa, W/o.Chinnasamy, aged about 35 years, who is now illegally detained by the respondents 3 to 5 before this Court and set her at liberty.

2.

It is the case of the petitioner that he got married to Deepa on 11.07.2016 and due to some misunderstanding, his wife has gone to his mother-in-law's house. It is the allegation of the petitioner that when he went to his mother-in-law's house, he did not find his wife Deepa and therefore, he has filed the present habeas corpus petition.

3.

Today M.Baskaran (Mobile No.94981 01067), Sub-Inspector of Police, Kadathur Police Station, Dharmapuri District, is present. He produced Deepa before us.

4.

When we enquired Deepa, she stated that her husband want to get divorce from her and that is why, he has created a story, as if, she has eloped with someone; she is very much living in her parents' house in No.2/166, Omainatham (VII), Elagiri, Dharmapuri District. She further stated that she is not in the illegal custody of anyone.

5.

We are satisfied that Deepa is not in the illegal custody of anyone for the issuance of a writ of habeas corpus. Hence, this habeas corpus petition stands closed with liberty to the parties to work out their remedies in the manner known to law.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nsd To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Kadathur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.169 of 2022 pmk(CO) A.SK(14/03/2022)