D.Suresh Babu, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.05.2018

CORAM

THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.828 of 2018 D.Suresh Babu ... Petitioner Vs 1.The Commissioner of Police, O/o.The Commissioner, Veppery, Chennai-7.

2.The Inspector of Police, S-13, Chrompet Police Station, Chrompet, Chennai-44.

3.The Inspector of Police, S-6 Sankar Nagar Police Station, Pambal, Chennai-75.

4.Masilamani ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents to produce the body of the detenue Kavitha, W/o.D.Suresh Babu, aged about 31 years before this Hon'ble Court is found missing from 19.03.2018 and set her at liberty. For Petitioner : Mr.S.Kingston Jerold For R1 to R3 : Mr.R.Ravichandran Government Advocate

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The present Habeas Corpus Petition has been filed seeking direction to direct the respondents to produce the body of the detenue Mrs.Kavitha, W/o.D.Suresh Babu.

2.The petitioner is the husband of the detenue, filed the present petition seeking production of his wife Mrs.Kavitha. The respondent Police produced both the writ petitioner as well as the detenue Mrs.Kavitha.

3.We have examined the detenue Mrs.Kavitha. The said detenue in unambiguous expressed her willingness to lead her matrimonial life along with the writ petitioner. The marriage between the petitioner and the detenue was solemnised on 14.03.2018. The detenue informed us that since her parents made an attempt to separate the couple, she went along with the petitioner to lead her matrimonial home peacefully. The detenue is major, even on the date of her marriage on 14.03.2018 and therefore, the present petition filed on the ground that the detenue was illegally detained is non existence. 4.In view of the fact that the detenue has expressed her willingness to go along with the petitioner, no further adjudication needs to be entertained. Accordingly, the detenue is set at liberty and the present Habeas Corpus Petition stands disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, O/o.The Commissioner, Veppery, Chennai-7.

2.The Inspector of Police, S-13, Chrompet Police Station, Chrompet, Chennai-44.

3.The Inspector of Police, S-6 Sankar Nagar Police Station, Pambal, Chennai-75.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.828 of 2018 ak(co) nr 04/05/2018