B.Sathish Kumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR B.Sathish Kumar S/o.Balakrishnan ..

Petitioner Vs.

1.

The Superintendent of Police Pollachi Coimbatore District.

2.

The Inspector of Police All Women Police Station Pollachi Coimbatore District.

3.

Rangasamy S/o.Govindasamy .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the 1st and 2nd respondents to produce the petitioner's wife namely Sabaritha, W/o.Sathish Kumar aged Page Nos.1/4

about 37 years and two minor daughters namely, S.Rithika, D/o.Sathish Kumar aged about 9 years and S.Athvika, D/o.Sathish Kumar aged about 5 years, before this Hon'ble Court from the illegal custody of the 3rd respondent and to set her at liberty and handover his children to his custody. For Petitioner :

Mr.S.N.Arunkumar For Respondents 1 and 2 :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and clarity].

2. Captioned matter was before Coimbatore Mediation Centre as it is a case of matrimonial discord but no settlement has been arrived at is what we are informed. To be noted, mediation report dated 13.02.2023 has been placed before us.

3. As it is a matrimonial discord, we deem it appropriate to leave it to the petitioner to work out his remedies before appropriate Courts / Fora, if the petitioner or for that matter third respondent approaches appropriate Page Nos.2/4

Courts / Fora, appropriate Courts / Fora will deal with the matter on its own merits and in accordance with law uninfluenced by this order.

4. Captioned Habeas Corpus Petition is disposed of as closed. Though obvious, we are not expressing any view or opinion on the merits of the matter. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 22.02.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Superintendent of Police Pollachi Coimbatore District.

2.

The Inspector of Police All Women Police Station Pollachi Coimbatore District.

3.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 22.02.2023 Page Nos.4/4