L.K.Dhayanithi v. The Inspector Of General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2019
CORAM:
The Honourable Mr. Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.2292 of 2019 L.K.Dhayanithi ... Petitioner vs.
1.
The Inspector General, West Zone, Race Course Road, Thomas Park, Race Course, Coimbatore - 641 018.
2.
The Superintendent of Police, Erode District, Erode.
3.
The Deputy Superintendent of Police, Erode District, Erode.
4.
The Inspector of Police, Vellode Police Station, Erode.
5.
The Inspector of Police, Modakurichi Police Station, Erode.
6.
G.Suganthi 7.
G.Ganapathi ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the Respondents 1 to 5, to produce the body of the detenue viz. G.Ragavi, aged 22 years, wife of Dhayanithi, before this Court and set her at liberty.
For Petitioner : Ms.R.Shase For Respondents 1 to 5 : Mr.R.Prathap Kumar, Additional Public Prosecutor For Respondents 6 & 7 : Mr.A.Gokulakrishnan
O R D E R
[Order of the court made by M.M.SUNDRESH,J.] The Petitioner is the husband of the detenue, viz. Ragavi. Both the Petitioner and the detenue are married to each other and the same is not in dispute. Alleging that the detenue is in the illegal custody of Respondents 6 and 7, who are none other than the mother and father of the detenue, the present Habeas Corpus Petition is filed.
2.
On 22.10.2019, we issued notice to the parties. Accordingly, the Petitioner, the detenue, Respondents 6 and 7 are present before this Court. Initially, we had separate interaction with the detenue and thereafter, with the Petitioner. The detenue has categorically informed us that she is not inclined to join with the Petitioner. However, the Petitioner has informed us that the detenue is being tutored by Respondents 6 and 7.
3. To resolve the dispute, we asked the detenue to have an interaction with the Petitioner. Though, she was reluctant, we are able to persuade her to interact with the Petitioner. This, we did, after interaction with Respondents 6 and 7, who also agreed for the same.
4.
Thereafter, the Petitioner and the detenue had one-toone talk with each other. After interaction with the Petitioner, the detenue, once again informed us that she is not willing to change her stand.
5.
The Petitioner sought for one more opportunity to talk to the detenue. Though the detenue was very reluctant, we were able to persuade her with some difficulty, to talk to the Petitioner, by impressing upon her that, this is a matter to be resolved either way. Similarly also, we told the Petitioner to look at the problem in a practical way. Accordingly, we facilitated one more talk between the Petitioner and the detenue.
6.
After the completion of the aforesaid talk, both the Petitioner and the detenue are sticking to their respective
stand. Thus, we find no more useful purpose to be served by making the parties to resolve their dispute.
7.
Suffice it is to state that, there is no illegal detention involved in this case and hence, the detenue is set at liberty. Needless it is to state that, the parties are at liberty to work out their remedy in the manner known to law. 8.
At this juncture, learned counsel appearing for Respondents 6 and 7 submitted that the original Certificates of the detenue will have to be returned to her.
9.
Learned counsel for the Petitioner, on instructions from the Petitioner, fairly submitted that, by tomorrow (31.10.2019) evening, all the Original Certificates of the detenue will be handed over to the 4th Respondent/Inspector of Police, Vellode Police Station, Erode. The said statement of the learned counsel for the Petitioner, is recorded.
10. Since the learned counsel for the Petitioner has acted fairly, the apprehension expressed by the Petitioner, as submitted by the said counsel, is put to the learned counsel appearing for Respondents 6 and 7, who submitted that there will not be any external force that will be exerted on behalf of Respondents 6 and 7. This statement also stands recorded.
11. We make it clear that on receipt of the Original Certificates, as stated above, the 4th Respondent shall hand over the same to the detenue and Respondents 6 and 7. We place on record, the sincere efforts made by the learned counsel appearing for both sides.
This Habeas Corpus Petition is closed with the above direction and observation.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar aeb To:
1.The Inspector General, West Zone, Race Course Road, Thomas Park, Race Course, Coimbatore - 641 018. 2.The Superintendent of Police, Erode District, Erode.
3.The Deputy Superintendent of Police, Erode District, Erode.
4.The Inspector of Police, Vellode Police Station, Erode.
5.The Public Prosecutor, High Court, Madras.
6.The Inspector of Police, Modakurichi Police Station, Erode.
+1cc to Mr.M.Guruprasad, Advocate SR.90045 +1cc to Mr.A.Gokulakrishnan, Advocate SR.89999 H.C.P.No.2292 of 2019 SVI(CO) CB(02/12/2019)