N.Kothandapani v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 6.1.2015 Coram:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.3581 of 2014 N.Kothandapani .. petitioner vs.
1. The State of Tamil Nadu represented by Secretary to Government Home Prohibition & Excise Department Fort St. George Chennai - 600 009
2. The Deputy Commissioner of Police HVF Campus, Ambattur Chennai - 600 053
3. The Inspector of Police T-5, Thiruverkadu Police Station Thiruverkadu, Ambattur Circle .. Respondents Habeas Corpus Petition has been filed under article 226 of the Cosntitution of India to direct the respondents herein to produce the said person Sumuthra wife of N.Kothandapani aged about 39 years before this Court and set her at liberty forthwith. For petitioner : Mr.V.K.Sathiamurthy For respondents : Mr.V.MR.Rajendran APP
O R D E R
(The Order of the Court was made by ARUNA JAGADEESAN J.,) This Habeas Corpus Petition has been filed to direct the respondents to produce the person, by name, Sumuthra, aged about 39 years before this Court and set her at liberty.
2. The petitioner is the husband of the detenue. The petitioner and the detenue settled at Massachusetts in U.S.A. and the detenue gave birth to two children on 28.9.2011 at Umass Memorial Medical Center, Worcester. The detenue had visited India for ear boring ceremony of her children. Since the winter in USA became severe, the detenue decided to come to India along with her children. The detenue was staying in India at the residence of the petitioner's sister. On 29.11.2014 the detenue had left the said house stating that she intends to do shopping. However, she did not return. Therefore, the petitioner lodged a complaint with the Inspector of Police, Thiruverkadu, Ambattur Circle, the third respondent herein. The said complaint was registered in crime No.1640/2014 as woman missing.
3. Today, when the matter is taken up for hearing, the detenue was produced by the third respondent. On enquiry, the detenue had stated that she had gone to various temples at Andhra Pradesh and returned to the house of the husband and presently she was staying with her husband. The father of the detenue is also present before us and he affirmed the said submissions of the detenue.
4. Recording the said submissions of the detenue, the Habeas Corpus Petition stands closed, as no further orders are necessary. Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar lan To:
1. The Secretary to Government Home Prohibition & Excise Department Fort St. George, Chennai - 600 009
2. The Deputy Commissioner of Police HVF Campus, Ambattur Chennai - 600 053
3. The Inspector of Police T-5, Thiruverkadu Police Station Thiruverkadu, Ambattur Circle
4. The Public Prosecutor High Court, Madras H.C.P.No.3581 of 2014 GR (CO) kk 23/1