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Madras High CourtHCP/1045/2020disposed of

C.Mohanraj v. The Inspector Of Police,

2020-06-29Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1045 of 2020 C.Mohanraj ... Petitioner -vs1.The Inspector of Police, Magudanchavadi Police Station, Salem District.

2.Elangovan ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus to direct the first respondent to produce the petitioner's wife Kaleeshvari, aged 22 years before this Court from the illegal custody of the second respondent and to set her at liberty.

For Petitioner : Mr.R.Jayaprakash For Respondents :

Ms.M.Prabhavathi, Addl. Public Prosecutor for R1

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the first respondent to produce the petitioner's wife Kaleeshvari, aged 22 years before this Court from the illegal custody of the second respondent and to set her at liberty, the present habeas corpus petition has been filed.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. Learned counsel appearing for the petitioner submitted that the detenue, who is none other than the legally wedded wife of the petitioner is in the illegal custody of her parents. https://hcservices.ecourts.gov.in/hcservices/

4. Learned Additional Public Prosecutor appearing for the first respondent, on instructions, submitted that the enquiry would reveal that it is the detenue who is living apart.

5. In view of the submission made, we direct the first respondent to produce the detenue before the Judicial Magistrate No.II, Sankagiri, Salem, after due intimation to the petitioner, within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, the habeas corpus petition stands disposed of.

Sd/- Assistant Registrar (AD I MDU) //True Copy// Sub Assistant Registrar raa/mmi/ssm To 1.The Inspector of Police, Magudanchavadi Police Station, Salem District.

2.The Judicial Magistrate No.II, Sankagiri, Salem.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1045 of 2020 RLD(CO) GN(31/07/2020) https://hcservices.ecourts.gov.in/hcservices/