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Madras High CourtHCP/2241/2020closed

Nithyananthan v. The Superintendent Of Police

2020-12-01Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2020

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR H.C.P. No. 2241 of 2020 Nithyananthan ..Petitioner/Husband of dentenu Vs.

1.

The Superintendent of Police, Office of the Superintendent of Police, Erode - Post & District.

2.

The Deputy Superintendent of Police, Office of the Town Deputy Superintendent of Police, Erode - Post &District.

3.

The Inspector of Police, Erode Taluk Police Station, Erode - Post & District.

4.

Sathish 5.

Kavin 6.

Ramesh 7.

Kavitha ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus directing the respondents to produce the corpus of the detenu namely, Gayathri, wife of Nithyananthan, female, aged about 20 years before this Hon'ble Court from her illegal custody at the hands of 4th to 7th respondents and set her at liberty. For Petitioner ::

Mr.D. Veerasekharan For Respondents::

Mr.R. Prathap Kumar, Addl. Public Prosecutor for R1 to R3

O R D E R

(Order of the Court was made by M.M. SUNDRESH,J.) The present Habeas Corpus Petition has been filed seeking a direction to the respondents to produce the corpus of the detenu namely, Gayathri, wife of Nithyananthan, female, aged about 20 years before this Hon'ble Court from her illegal custody at the hands of 4th to 7th respondents and set her at liberty. 2.

When the matter is taken up, the learned counsel for the petitioner submitted that subsequent to the filing of this petition, the detenue has joined the petitioner. However, there is a perceived threat to the petitioner and the detenue at the hands of her parents and her relatives.

3.

Considering the submissions made by the learned counsel for the petitioner, we direct the Inspector of Police, Erode Taluk Police Station, to see to it that adequate police protection is given to the petitioner and the detenue, if the statement of the learned counsel for the petitioner is found to be true.

4.

With the above observation, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.

The Superintendent of Police, Office of the Superintendent of Police, Erode - Post & District.

2.

The Deputy Superintendent of Police, Office of the Town Deputy Superintendent of Police, Erode - Post &District.

3.

The Inspector of Police, Erode Taluk Police Station, Erode - Post & District.

4.

The Public Prosecutor, High Court, Madras.

5. The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.38552 H.C.P. No. 2241 of 2020 RLD(CO) RV(21/12/2020)