M.K.Saravanakumar @ Immanuvel v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.3129 of 2015 M.K.Saravanakumar @ Immanuvel ... Petitioner Vs.

1. The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2. The Inspector of Police, H.4, Soundarapandianar Angadi Police Station, T.Nagar, Chennai - 600 017.

3. The Inspector of Police, T.14 Mangadu Police Station (R3 Suo motu impleaded vide Order of Court dated 05.01.2016) ... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the detenue Amsavalli @ Benita, wife of M.K.Saravanakumar @ Immanuvel, before this Court and set her at liberty.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.N.Thambidurai Additional Public Prosecutor

O R D E R

(Order of the Court was made by R.SUDHAKAR,J.) This Habeas Corpus Petition is filed by the husband of the detenue seeking direction to the respondents to produce the detenue, Amsavalli @ Benita, before this Court and set her at liberty.

2. It is the case of the petitioner that he married the detenue on 19.11.2015 and after marriage, she left the matrimonial home and her whereabouts were not known. Hence, the petitioner has filed a complaint before the second respondent on 05.12.2015. Since the second respondent did not take any effective steps, the petitioner has filed the present Habeas Corpus Petition.

3. When the matter was called on 05.01.2016, learned Additional Public Prosecutor submits that the said complaint given by the petitioner has been transferred to T.14 - Mangadu Police Station, who was not arrayed as party respondent. Hence, this Court suo motu impleaded T.14 Mangadu Police Station as party respondent in this Habeas Corpus Petition.

4. Today, when the matter was called, the detenue was produced before this Court, who states that on 30th November, 2015, due to some difficulty in adapting to marital life, she went to her friend's house on 29/30.11.2015 and thereafter, due to heavy floods in Chennai, she got stranded there and thereafter, she went back to her mother's place. She further states that she was not in the illegal custody of anyone. She also states that she is a B.A. graduate and is working as a Teacher in a Primary School. She expresses her desire to stay with her mother till she is able to adapt herself to the marital life. The petitioner is also present before this Court.

5. In view of the above submission, this Court finds that it is not a case of illegal detention warranting issuance of a Writ of Habeas Corpus. This is purely a case of matrimonial misadjustment between the petitioner and the detenue. We leave it open to the parties to work out the method of resolving the impasse in their matrimonial life. Accordingly, this Habeas Corpus Petition stands closed with the above observations. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl To

1. The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2. The Inspector of Police, H.4, Soundarapandianar Angadi Police Station, T.Nagar, Chennai - 600 017.

3. The Inspector of Police, T.14 Mangadu Police Station

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.3129 of 2015 CA(CO) CA(10/02/2016)