S.Nagendran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.576 of 2016 S.Nagendran ..

Petitioner vs.

State rep. By The Inspector of Police, E-2, Thirukazhukundram Police Station, Thirukazhukundram, Kancheepuram District.

..

Respondent Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondent to cause the production of the body and person of petitioner's wife Latha @ Rasathi aged about 35 years and petitioner's children namely John Samuel aged about 14 years and Angel aged about 12 years before this Court and set them at liberty.

For Petitioner :

Mr.A.Balamurugan For Respondent :

Mr.V.M.R.Rajentren Addl Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN, J.] This Habeas Corpus Petition has been filed, praying that this Court may be pleased to direct the respondent, to produce the detenue, namely, Latha @ Rasathi, the wife of the petitioner aged about 35 years and petitioner's children, namely, John Samuel aged about 14 years and Angel, aged about 12 years, before this Court and set them at liberty.

2.The petitioner is said to be the husband of the detenues, namely, Latha @ Rasathi, aged about 35 years, and petitioner's children, namely, John Samuel, aged about 14 years and Angel, aged about 12 years. It has been stated that, from 11.01.2016 onwards, the detenues had gone missing. Therefore, the https://hcservices.ecourts.gov.in/hcservices/

petitioner had preferred a complaint before the respondent, on 29.01.2016. The said complaint had been registered by the respondent, in Crime No.58 of 2016. Since, no effective steps had been taken by the respondent Police, to trace the detenues, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

3.Today, when the matter had been listed for hearing, the respondent Police had produced the detenues before this Court. On enquiry, the petitioner's wife Latha @ Rasathi had stated that she, along with her two children, are living with her mother, at Thirukazhukundram, Kancheepuram District. The detenues had further stated that they are not willing to go and live along with the petitioner herein.

4.In such circumstances, we find no reason to grant the relief, as prayed for by the petitioner. Hence, this Habeas Corpus Petition stands dismissed. The detenues are permitted to live with Ms.Parvathy, the mother of the petitioner's wife Latha @ Rasathi, as per their wish.

jbm s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, E-2, Thirukazhukundram Police Station, Thirukazhukundram, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

ssk(co) prk13/7 H.C.P.No.576 of 2016 https://hcservices.ecourts.gov.in/hcservices/