H.Indhumathi v. The Superintendent Of Police, Erode

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.Indumathi W/o.Haribabu ..

Petitioner Vs.

1. The Superintendent of Police Erode District, Erode

2. The Inspector of Police Vellode Police Station Erode District ..

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents to produce the body and person of A.Haribabu, son of Anandhanaidu, aged about 45 years, the husband of the petitioner before this Court and set him at liberty. For Petitioner :

Ms.A.Veeramarthini For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor Page Nos.1/5

Assisted by Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed saying that the petitioner's spouse is missing from 15.02.2019.

2. Ms.A.Veeramarthini, learned counsel for petitioner submits that the petitioner's spouse may be in illegal custody of her parents-in-law (absentee's parents).

3. Mr.R.Muniyapparaj, assisted by Mr.M.Sylvester John, learned State Additional Public Prosecutor, who accepts notice on behalf of both the respondents (official respondents) submits that a complaint was lodged in the Vellode Police Station, Erode District on 05.08.2019, an FIR was registered on 23.08.2021 vide Crime No.177 of 2021 and investigation reveals that the absentee is with his brothers in Poolakal Kadu, Alachur, Palakadu District, Kerala. On instructions, learned Prosecutor submits that there appears to be matrimonial discord between the petitioner and her spouse and the sole point appears to be that they do not have a child from Page Nos.2/5

the wedlock. There also appears to be some property dispute between the spouses is learned counsel's say.

4. Learned Prosecutor submits that it is not a case of illegal custody or illegal detention.

5. As it is not a case of illegal detention, we do not propose to embark upon a habeas corpus legal drill. This drops the curtains on the captioned HCP.

6. We make it clear that all the rights and contentions of the petitioner, absentee, who is not before us and all other parties concerned are preserved if there are legal proceedings in other Court/Courts or Forum/Fora. Captioned HCP disposed of as closed albeit preserving the rights of all concerned in the aforementioned manner.

(M.S.,J.) (M.N.K.,J.) 15.03.2023 Index : Yes / No gpa Page Nos.3/5

To

1. The Superintendent of Police Erode District, Erode

2. The Inspector of Police Vellode Police Station Erode District

3. The Public Prosecutor High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa 15.03.2023 Page Nos.5/5