S.V.Saranya v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2021
CORAM
THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE S.SRIMATHY H.C.P.NO.1727 OF 2021 S.V.Saranya .. Petitioner/Wife of the detenue Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, Thiruchengode Road, Namakkal.
2. The Deputy Superintendent of Police, Paramathi Road, Namakkal Town.
3. The Inspector of Police, All Women Police Station, Namakkal Town.
4. Palanisamy
5. Sivakami .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate writ, order or direction in the nature of a writ directing the respondents 1 to 3 to produce the body of the detenu viz., Sathishkumar, aged about 31 years, son of Palanisamy, before this Court from the illegal detention of the 4th and 5th respondents and set him at liberty.
For Petitioner : Mr.S.Senthil For RR 1 to 3 : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents 1 to 3 to produce the body of the detenu viz., Sathishkumar, aged about 31 years, son of Palanisamy, before this Court from the illegal detention of the 4th and 5th respondents and set him at liberty.
2.
It is the case of the petitioner that she got married to Sathishkumar on 26.02.2020 and thereafter, it appears that they got estranged. It is the further case of the petitioner that the whereabouts of her husband Sathishkumar are not known to her and therefore, she has filed the present habeas corpus petition.
3.
Heard Mr.S.Senthil, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents 1 to 3.
4.
Today, Sathishkumar appeared before this Court via video conferencing and stated that he was working in Oman even prior to the marriage and at present, he is in Oman since January 2021, as he is employed there.
5.
In such view of the matter, it cannot be stated that Sathishkumar is in the illegal custody of the respondents for the issuance of a writ of habeas corpus.
Hence, this habeas corpus petition stands dismissed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nsd To
1. The Superintendent of Police, Office of the Superintendent of Police, Thiruchengode Road, Namakkal.
2. The Deputy Superintendent of Police, Paramathi Road, Namakkal Town.
3. The Inspector of Police, All Women Police Station, Namakkal Town.
4. The Public Prosecutor, High Court, Madras.
+1CC to Mr.S.Senthil, Advocate, Sr.No.56522 H.C.P.No.1727 of 2021 VBM (CO) K.RK. (17.11.2021)