Murugan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.516 of 2015 Murugan ..Petitioner Vs 1.The Superintendent of Police, Kancheepuram.

2.The Inspector fo Police, Otteri Police Station, Kancheepuram District.

..Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the respondents to produce the person or body viz., Indumathi, aged about 32 years, W/o B.Murugan before this Court and set her at liberty.

For Petitioner :

Mr.A.Kumanaraja For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor .

O R D E R

The matter was not listed today. Since the Police has secured the alleged detenue, the Registry was directed to put up a special list.

2. The husband of the alleged detenue has sought for a Writ of Habeas Corpus to direct the respondents to produce the body of his wife, Indumathi, before this Court and set her at liberty.

3. According to the petitioner, his wife was found missing from 11.12.2014. Even after diligent search made by him in various places, he could not trace her. Hence, the petitioner has lodged a complaint with the respondent Police on 12.12.2014. Since no effective steps were taken by the respondent police to secure the detenue, he was constrained to file this Habeas Corpus Petition.

4. Today, the 2nd respondent police has produced the alleged detenue, Indumathi. When she was enquired she had stated before us that she left the matrimonial home on her own and she is https://hcservices.ecourts.gov.in/hcservices/

staying with her parents. She had further stated that she is not willing to go with her husband and the illegal detention is also denied.

5. The statement made by the detenue is recorded. Since the detenue is a major and that she is not willing to go with the petitioner now, she is permitted to go as per her wish. The petitioner is at liberty to work out his remedies in the manner known to law. Accordingly, the Habeas Corpus Petition is closed, as no further order is necessary.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Kancheepuram.

2. The Inspector of Police, Otteri Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.A. Kumanaraja, Advocate SR.11943 RV(CO) EU 21.03.2015 H.C.P.No.516 of 2015 https://hcservices.ecourts.gov.in/hcservices/