D.Arikrishnan, Aged 28 Years v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.NO.2373 OF 2016 D.Arikrishnan ..
Petitioner Vs.
1.The Superintendent of Police Office of the Superintendent of Police Villupuram, Villupuram District.
2.The Inspector of Police Elavarasanor Kottai Police Station Ulundurpet Taluk, Villupuram District.
3.B.Thirumalai 4.T.Minnalkodi 5.M.Thanigachalam ..
Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to direct the respondents herein to produce the detenue T.Brinda, age 19 years wife of Arikrishnan before this Court and set them free, who is illegally detained by the respondents 3 to 5. For Petitioner :
Mr.S.Udayakumar For Respondents 1 & 2 :
Mr.V.M.R.Rajentren Additional 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 petitioner seeking for a direction to the respondents to produce the detenue T.Brinda, aged 19 years, wife of Arikrishnan, before this Court and set her free, who is illegally detained by the respondents 3 to 5.
2. When the matter is taken up for hearing today, the detenue is produced before this Court by the second respondent Police. The learned counsel for the petitioner is also present.
3. We have heard the submissions made by the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
4. According to the petitioner, he married the detenue and he left the Country to work in a Foreign nation. While so, during his absence, the detenue left the matrimonial home on her own without informing anyone. Hence, the petitioner has come forward with this petition seeking to secure his wife, who is the detenue.
5. On enquiry, the detenue admits the marriage with the petitioner. However, she expressed her unwillingness to go along with the petitioner, since she claims that her in-laws as well as her husband tortured her. She further states that she is a major and now living with her aunt at Kallakurichi.
6. In such circumstances, taking into consideration that the detenue is a major and expressed her desire to go along with her aunt, the detenue is permitted to go along with her aunt, as per her wish.
7. We are therefore of the view that no further order is necessary in this petition. However, as the detenue expressed apprehension over the safety on her, the second respondent police is directed to give her protection, if necessary, on request made by her in writing.
8. The Habeas Corpus petition is closed with the above observation.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar TK To 1.The Superintendent of Police Office of the Superintendent of Police Villupuram, Villupuram District.
2.The Inspector of Police Elavarasanor Kottai Police Station Ulundurpet Taluk, Villupuram District.
3.The Public Prosecutor High Court of Madras.
+1 cc to M/s.S.Udayakumar Advocate sr 67569 H.C.P.NO.2373 OF 2016 mp(co) aa16/12/2016