Muthu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1214 of 2021 Muthu

...Petitioner

Vs.

1. The Superintendent of Police, Office of the District Superintendent of Police, Salem, Salem District.

2. State represented by The Inspector of Police, All Women Police Station, Sankari, Salem District.

3.Kumar 4.Sudha

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenue, the petitioner's wife viz., Gayathri @ Suganya, aged about 27 years, before this Court from the illegal custody of the 3rd and 4th respondents herein and set her at liberty.

For Petitioner : Mr.D.Arun For RR 1 and 2 : Mr.R.Muniyapparaj Govt.Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents herein to produce the body and person of the detenue, the petitioner's wife viz., Gayathri @ Suganya, aged about 27 years, before this Court from the illegal custody of the 3rd and 4th respondents herein and set her at liberty. https://hcservices.ecourts.gov.in/hcservices/

2.

It is the case of the petitioner that he got married to Gayathri @ Suganya on 06.03.2020 and she is in the illegal custody of the fourth and third respondents, who are none other than the blood sister and brother-in-law of Gayathri, respectively. Hence, the petitioner has filed the present habeas corpus petition seeking above prayer.

3.

Heard Mr.D.Arun, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2.

4.

Gayathri was produced by the second respondent/police from the police station via video conferencing. On enquiry, Gayathri stated that on account of marital discord, she has been chased out of the matrimonial house and so, she is now with her own sister viz., fourth respondent herein at Salem and she is not in the illegal custody of anyone.

Recording the same, this habeas corpus petition stands closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd To

1. The Superintendent of Police, Office of the District Superintendent of Police, Salem, Salem District.

2. The Inspector of Police, All Women Police Station, Sankari, Salem District.

3. The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.1214 of 2021 GPL[co] NSK 07/09/2021 https://hcservices.ecourts.gov.in/hcservices/