Mr.M.Murugesan v. The State Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 22.01.2016 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.60 of 2016 M.Murugesan .... Petitioner Vs.

1.The State of Tamil Nadu rep by its Superintendent of Police Erode, Erode District.

2.The State of Tamil Nadu rep by its Sub Inspector of Police Sivagiri Police Station Erode District.

3.Sopiya 4.K.Sathyamoorthy .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the detenu, minor M.Santhosh, aged about 2-1/2 years, S/o M.Murugesan before this Court and hand over the custody of the detenu to the petitioner.

For Petitioner:

Mr.P.Kannan Kumar For R1 and R2 :

Mr.A.N.Thambidurai Addl. Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition has been filed by the petitioner seeking a direction to the respondents to produce the detenu, minor M.Santhosh, aged about 2-1/2 years, S/o M.Murugesan before this Court and hand over his custody to the petitioner.

2. Though this matter is not listed in the cause list today, it is taken out of turn at the request of the learned Additional Public Prosecutor, since the respondent police are producing the detenu, minor M.Santhosh. Mr.P.Kannan Kumar, learned counsel for the petitioner is also present.

3. It is the case of the petitioner that he is married to the third respondent/Sopiya and through the wedlock, they have one male child, namely M.Santhosh and that, on account of matrimonial discord, they got estranged. It is further alleged by the petitioner thatm his wife Sopiya has given the child in adoption to K.Sathyamoorthy, the fourth respondent herein and is intending to get married to him.

4. Today, Sopiya/third respondent is present with the detenu, minor child Santhosh. She categorically stated that after their estrangement, she is living with her sister and father, since her mother is no more and that she is not under illegal custody. She further stated that, she has also filed a petition for dissolution of marriage before the Family Court, Erode against the petitioner.

In view of the above, we are of the opinion that there is no illegal custody of the detenu. Accordingly, this Habeas Corpus Petition is dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gms To 1.The Superintendent of Police Erode, Erode District.

2.The Sub Inspector of Police Sivagiri Police Station Erode District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.V. Ragunathan, Advocate, Sr. 4312 H.C.P.No.60 of 2016 SV (CO) kk 25/2