Selvanayagam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2635 of 2024 Selvanayagam ... Petitioner Vs.

1.The State Rep.By The Commissioner of Police, Office of the Avadi Commissionerate Office, Avadi, Chennai 600054.

2.The State Rep.By The Inspector of Police, T7, Tank Factory Police Station, Avadi City, Tiruvallur District, (CSR No.1142 of 2024) 3.Yuvaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the petitioner's wife namely Mrs.Anitha, aged about 32 years, from the illegal custody of the 3rd respondent and set her at liberty before this Court. For Petitioner : Mr.A.Tamilselvan For Respondents : Mr.E.Raj Thilak 1 & 2 Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The present Habeas Corpus Petition has been instituted to produce the wife of the petitioner, Mrs.Anitha, aged about 32 years. 2.The marriage between the petitioner and the detenue was solemnised and from and out of their wedlock, three children were born aged, about 15 years, 13 years and 12 years. Two girl children and one boy. The detenue was missing for about 13 days and a complaint was lodged by the petitioner, who is the husband of the detenue. The second respondent police traced the detenue and produced her before this Court. The petitioner/husband, detenue/wife and their three children are present before this Court.

3.We have conversed with all of them and on account of some reasons, the detenue was missing and both the petitioner and the children are willing for reunion. In the interest of the family, we have suggested them to live together for the benefit of the children, who all are school going. The detenue also agreed to go along with her husband/petitioner and the children. In view of the consensus

arrived between the petitioner/husband, detenue/wife and the children, who are capable of understanding the issue, they have agreed to live jointly along with the petitioner/husband.

4.In view of the above facts, no further adjudication needs to be undertaken and the Habeas Corpus Petition stands disposed of. [S.M.S., J.] [V.S.G., J.] sli 19.10.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To 1.The State Rep.By The Commissioner of Police, Office of the Avadi Commissionerate Office, Avadi, Chennai 600054.

2.The State Rep.By The Inspector of Police, T7, Tank Factory Police Station, Avadi City, Tiruvallur District, (CSR No.1142 of 2024) 3.The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

sli H.C.P.No.2635 of 2024 19.10.2024