Valarmathi, F/A-40 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.05.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM H.C.P.No.1587/2017 Valarmathi .. Petitioner vs.

1.The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.The State rep.by Inspector of Police, Singarapettai Police Station, Krishnagiri District.

3.Murugan .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body and person of the Detenue by name Manimegalai, daughter of Boopathi, aged about 22 years before this Court and set her at liberty.

For petitioner : Mr.S.Manikandan For Respondents : Mr.R.Ravichandran, GA [Crl.Side] for R1 and R2 *****

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The learned Government Advocate appearing on behalf of the respondents / Police brought to the notice of this Court that the husband of the Detenue, Mr.C.Ravikumar, filed HCP.No.1233 of 2017 and this Court passed the following orders:

"3. We have interviewed the petitioner. He says that the detenue has eloped for the second time with one Mr.Murugan. As a matter of fact, Mr.Murugan was impleaded as a party by this Court vide order dated 27.07.2017. The petitioner, in our interaction with him, has clearly stated that he would not take the detenue back, even if she is produced in Court. It is his contention that he has lent money to his inlaws, which he wants to be returned to him and therefore, he has taken recourse to these proceedings.

4.

According to us, these proceedings cannot be used for such a purpose. Since, the petitioner has already expressed his view before us that he will not take the

detenue back, even if she is produced we are of the view that the State resources cannot be wasted for this purpose.

5. Accordingly, this habeas corpus petition is closed. The petitioner will be free to take recourse to other legal remedies to work out his claim, if any, against the detenue and her parents. No costs."

2. The present habeas corpus petition is filed by the mother of the very same detenue, Mrs.Manimegalai.

3. In view of the fact that the detenue had already been produced before this Court in H.C.P.No.1233 of 2017 and this Court has passed an order setting her at liberty, no further adjudication needs to be undertaken in this habeas corpus petition. Accordingly, the same stands closed.

[S.M.S., J.] [S.R.T., J.] 07.05.2018 sk/abr Index: yes Speaking order

S.M.SUBRAMANIAM, J.

and S.RAMATHILAGAM, J.

sk To 1.The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

3.The Public Prosecutor, Madras High Court, Chennai.

H.C.P.No.1587/2017 07.05.2018