R.Periyasamy v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2019 Coram The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr.Justice M.NIRMAL KUMAR H.C.P.No.1583 of 2019 R.Periyasamy .. Petitioner vs.

1. The Superintendent of Police, Tiruvannamalai, Tiruvannamalai District,

2. The Inspector of Police, All Women Police Station, Tiruvannamalai.

3. N.Senthil Kumar .. Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the 2nd respondent to produce the body or in person of detenue/namely Saranya, wife of N.SenthilKumar, aged 31 years, who has been illegally detained by the third respondent before this Court and set her liberty.

For Petitioner : M/s.K.Selvarangan For Respondents: Mr.C.Iyyappa Raj Additional Public Prosecutor for R1 & R2 Mr.A.S.Balaji for R3

ORDER

(Order of the Court was made by M.M.SUNDRESH,J.) Petitioner is the relative of the detenue. He has filed the above habeas corpus petition seeking direction to the 2nd respondent to produce the body or person of his relative/detenue namely, Saranya before this Court.

2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor and perused the materials available on record.

3. The petitioner claims that his relative/detenue namely Saranya has studied Teacher training course and she went to Krishnagiri on 16.07.2019 seeking employment. The detenue has filed a divorce petition before the Principal Sub Judge, Tiruvannamalai, Tiruvannamalai District on 01.07.2017 and on 10.07.2019 she gave a petition for police protection to her to the second respondent. But both the first and second respondents did not take any action. The third respondent gave a false complaint stating that the detenue/Saranya was kidnapped by somebody. The detenue was taken to her mother's house by the third respondent/Senthil Kumar and that she was brutally beaten by her husband/third respondent and that he apprehends danger to her life by her husband. Hence he filed the above habeas corpus petition with the prayer as stated above.

4. This petition came up before this Court for admission on 29.07.2019. After request of the learned counsel for the petitioner, the matter was adjourned today (30.07.2019). Accordingly, the learned Additional Public Prosecutor produced the detenue before this Court today.

5. This Court has enquired the detenue and the detenue stated that she is aged about 31 years. She is not disputing the fact that she got married to the third respondent. The detenue, on her own volition, stated that she is not willing to go with the third respondent and is only willing to go with the petitioner.

6. Recording the statement of the detenue that she is not willing to go along with the third respondent and is willing to go with the petitioner/her relative, this petition is closed. We also hope and trust that the third respondent/Senthil Kumar shall not make any effort to threatened the detenue. If the detenue feels threatened she can always approach the second respondent as the case may be.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To

1. The Superintendent of Police, Tiruvannamalai, Tiruvannamalai District,

2. The Inspector of Police, All Women Police Station, Tiruvannamalai.

+1cc to Mr.A.S.Balaji, Advocate sr.65570 +1cc to M/s.K.Selvarangan, Advocate sr.65327 H.C.P.No.1583 of 2019 mr(co) nr 29/08/2019