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Madras High CourtHCP/752/2020disposed of

Gopal v. The State Rep. By

2020-06-30Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 752 of 2020 Gopal, M/32 years S/o.Mosooran No.45, West Street Mocheri Village Madurantakam Taluk Chengalpattu District.

... Petitioner -vs1.The State Rep. By the The Superintendent of Police Chengalpattu District.

2.The Inspector of Police G1 Madurantakam Police Station Chengalpattu District.

3.Mr.Selvam @ Selvakumar, M/30 years S/o.Karnan Semboondi Village Endathur Post Maduranthagam Taluk Chengalpattu District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing respondents 1 and 2 herein to produce P.Priya Wife of the petitioner Gopal, aged about 29 years, before this Hon'ble Court from the illegal custody of the third respondent and set her at liberty. For Petitioner : Mr.K.Thilagaraj For Respondents :

Ms.M.Prabhavathi, Addl. Public Prosecutor for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the husband of the detenue. Seeking her custody, the present habeas corpus petition has been filed. 2.Learned Additional Public Prosecutor submitted that the investigation has revealed that she is not in the illegal custody. She left the matrimonial home on her own. 3.Learned counsel appearing for the petitioner submitted that the aforesaid factum has not been informed to the petitioner while closing the complaint given. 4.Considering the above, we direct the respondent police to produce the detenue before the concerned Judicial Magistrate. Due intimation will have to be given to the petitioner before such production of the detenue. The Judicial Magistrate is directed to do the needful.

5.The habeas corpus petition stands disposed of. s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi To 1.The Judicial Magistrate Chengalpattu District 2.The Superintendent of Police Chengalpattu District.

3.The Inspector of Police G1 Madurantakam Police Station Chengalpattu District.

4.The Public Prosecutor, High Court, Madras.

H.C.P. No. 752 of 2020 PP(CO) SP(30/07/2020) https://hcservices.ecourts.gov.in/hcservices/