S.Murugavel, Male, Aged About v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR H.C.P.No.2380 of 2017 S.Murugavel ..Petitioner Vs.

1.State rep.by its The Superintendent of Police, Cuddalore District.

2.The State rep.by its The Inspector of Police, Oomangalam Police Station, Cuddalore District.

3.Elumalai ..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 1st and 2nd respondents to produce the body of the detenue the petitioner's wife Jayalakshmi, aged about 30 years, now under the custody of the 3rd respondent and the set the detenue at liberty.

For Petitioner ..

No appearance For R1 & R2 ..

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner is the husband of the detenue - Jayalakshmi. He has come up with this petition seeking a direction to the respondents 1 and 2 for the production of the detenue.

2. When the matter is taken up for hearing, none represented the petitioner.

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3. The learned Additional Public Prosecutor submitted that it is a case of elopement of the petitioner's wife with the 3rd respondent.

4. In such view of the matter, we find that there is no illegal detention involved in this matter. Therefore, this Habeas Corpus Petition is closed, however, giving liberty to the 2nd respondent to proceed with the further investigation and if the detenue is traced, she should be produced before the jurisdictional Magistrate.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmk/smv To 1.The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Oomangalam Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.2380 of 2017 NMI(CO) RRS(19/07/2019) https://hcservices.ecourts.gov.in/hcservices/