Selvakumar v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Selvakumar S/o.Velayutham .. Petitioner Vs.
1.
The Commissioner of Police Salem.
2.
The Inspector of Police Karuppur Police Station Salem City.
..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the first respondent herein to secure the detenue namely, xxx, W/o.Selvakumar aged about 35 years and produce her before this Hon'ble Court and set her at liberty. For Petitioner :
Ms.D.Jeevitha representing Mr.R.Nalliyappan Page Nos.1/6
For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.N.Narkeeran Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' [hereinafter referred to as 'HCP' for the sake of convenience and clarity] has been filed in this Court on 15.05.2023. The petitioner has predicated the captioned HCP on a complaint that his spouse 'xxx' (we are masking the name for obvious reasons and we shall be referring the petitioner's spouse as 'absentee' for the sake of convenience and clarity) is missing from 28.03.2023.
2. A Hon'ble Vacation Bench issued notice on 17.05.2023 and today, Mr.R.Muniyapparaj, learned State Additional Public Prosecutor (assisted by learned counsel Mr.N.Narkeeran) who accepted notice for both respondents are before us.
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3. The petitioner along with learned counsel representing the learned counsel on record for the petitioner as well as the absentee are before us.
4. We had short interactions with petitioner and absentee one after other and an adumbration of what emerged from these two interactions is as follows:
(a) The absentee is not in illegal custody. She shall now be moving to a relative's place in Salem; (b) The absentee and petitioner have three children from their wedlock and all three children are now in the care and custody of the petitioner; (c) Perceived matrimonial discord between absentee and petitioner appears to be there but it comes to light that it can be brought to a close one way or the other.
5. The narrative thus far makes it clear that this is not a case of illegal Page Nos.3/6
detention or illegal custody and therefore we drop the curtains on the captioned HCP albeit making it clear that all the rights and contentions of the petitioner, absentee or any other person concerned are preserved for other proceedings if any before any other Court or Forum.
6. Captioned HCP is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 02.06.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.
The Commissioner of Police Salem.
2.
The Inspector of Police Karuppur Police Station Salem City.
3.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., mk 02.06.2023 Page Nos.6/6