M.Tamilarasan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11..11..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.2279 of 2022 M.Tamilarasan ..... Petitioner -Versus1.The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri District.

3.Sivakumar 4.Tmt.Tamilselvi 5.Karthi 6.Ramesh .... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the corpus of the detenue Asmitha, aged about 20 years, wife of Tamilarasan, the petitioner herein, before this court and set her at liberty.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.R.Muniyapparaj, Additional. Public Prosecutor

ORDER

This Habeas Corpus Petition has been filed seeking a direction to the respondent 1 and 2 to produce the corpus of the detenue Asmitha, aged about 20 years, wife of Tamilarasan, the petitioner herein, before this court and set her at liberty.

2. It is the case of the petitioner that he fell in love with his schoolmate and got married to her on 08.10.2021 and that she is in the illegal custody of the respondents 3 to 6. Though the petitioner has made several allegations in his affidavit, we are not adverting to them purposefully.

4. Today, when the matter was taken up for hearing, Ms.K.Arul Selvi, Special Sub-Inspector of Police, All Women Police Station, Pennagaram; Sivakumar (3rd respondent); Tmt.Tamilselvi (4th respondent); Ramesh (6th respondent); and Asmitha (alleged detenue) were present.

5. When we enquired with Asmitha, she narrated a totally different story. She stated that the petitioner had taken some photographs of her during school days with which he is blackmailing her even now. She firmly

told us that she is not in the illegal detention of the respondents 3 to 6 and that she has married the 6th respondent and wants to lead a happy life with him. We are satisfied with the statement of Asmitha.

6. In such view of the matter, it cannot be stated that Asmitha is in the illegal custody of the respondents 3 to 6 for the issuance of writ of habeas corpus.

In the result, this Habeas Corpus Petition is dismissed. The respondent police are directed to give sufficient protection to Asmitha and take appropriate action against the petitioner, if he continues to disturb her or blackmailing her with the photographs.

(P.N.P., J.) (TKR., J.) 11..11..2022 Index: Yes/No kmk To 1.The Superintendent of Police, Dharmapuri, Dharmapuri District. 2.The Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH.J., AND RMT.TEEKAA RAMAN.J., kmk 11..11 ..2022