Ramachandran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ramachandran ... Petitioner Vs.

1.The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, K.V. Kuppam Police Station, Vellore District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus, directing the 2nd respondent police to produce the petitioner's wife namely Dhanalakshmi aged 23 years and two minor children namely Sudharson aged 5 years and Varshida aged 11⁄2 years and set them at liberty.

For petitioner : Mr.T. Saravanan For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind C.

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O R D E R

(Order of the Court was delivered by M.S.RAMESH, J.) Alleging that his 23 years old wife along with two minor children had gone missing from 08.08.2023, a complaint was given by the petitioner to the 2nd respondent police and the same was registered in Crime No.109/2023, under the caption 'Woman, boy and girl missing'. Since his wife and children could not be traced within a reasonable time, the present Habeas Corpus Petition has been filed.

2. Today, when the matter was called, the learned Additional Public Prosecutor submitted that an enquiry was conducted in connection with Crime No.109/2023 and by recording the statement of the petitioner's wife that owing to the matrimonial dispute she had voluntarily left the petitioner's house on 08.08.2023 at 4:00 a.m and is now residing with her parents at Jolarpet, the investigation in Crime No.109/2023 came to be closed through a final report dated 03.02.2024.

3. In view of the statement made by the petitioner's wife that she has 2/4

voluntarily left the petitioner's house and is now living with her parents, the alleged detention cannot be termed to be illegal. Accordingly, the Habeas Corpus Petitioner stands closed.

[M.S.R., J] [S.M., J] 07.02.2024 bga Index : Yes / No To 1.The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, K.V. Kuppam Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras.

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M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 07.02.2024 4/4