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Madras High CourtHCP/1639/2016closed

S.Sangareswari, F/26 Years v. State Represented By

2016-11-01Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.1639 of 2016 S.Sangareswari .. Petitioner vs.

1. The State rep. by the Sub-Inspector of Police, All Women Police Station, Avinashi-641 654.

2. The Superintendent of Police, District Police Office, Tiruppur District.

.. Respondents Petition has been filed for the issuance of a writ of Habeas Corpus, directing the respondents to produce the corpus of the petitioner's husband, namely, K.Muthukrishnan, aged about 30 years before this Court.

For petitioner : Mr.B.Ramprasath For Respondents : Mr.V.M.R.Rajentren, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.BASKARAN, J.,) This Habeas Corpus Petition has been filed by the wife of the detenu, namely, K.Muthukrishnan, aged about 30 years, seeking a direction to the respondents to produce the detenu, before this Court and to set him at liberty.

2.

The detenu was produced today by the 1st respondent and at his instance, the matter was taken up for hearing today as a ''Special List Matter''.

3.

Since the petitioner was not present at the time of hearing, the matter was passed over and taken up subsequently.

4.

It is represented by the learned Additional Public Prosecutor that the learned Counsel for the petitioner was informed about the production of the detenu today. In spite of the same, neither the petitioner nor her counsel is present before the Court today.

5.

On enquiry, the detenu stated that he is aged about 30 years and he is now residing at Coimbatore with his mother. According to him, due to some personal misunderstanding and family dispute with the petitioner-his wife, he is staying away. The petitioner has also expressed his desire to stay with his mother for the present.

6.

In such view of the matter, taking into consideration of the fact that the detenu is a major and also the other attending circumstances, he is permitted to go as per his own wish.

7.

Accordingly, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To:

1. The Sub-Inspector of Police, All Women Police Station, Avinashi-641 654.

2. The Superintendent of Police, District Police Office, Tiruppur District.

3. The Secretary to Government, Home Prohibition and Excise Department, Fort St. George, Chennai-9.

4. The Join Secretary to Government, Public (Law & Order) Fort St. George, Chennai-9.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Ram Prasath, Advocate sr.61953 H.C.P.No.1639 of 2016 ala[co] srg 21/11/2016