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Madras High CourtHCP/3167/2024disposed of

Pichan v. State Rep.By

2025-01-24Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Pichan S/o Chitambaram ..

Petitioner v.

1. State rep.by Inspector of Police Mettupalayam Police Station Coimbatore

2. Arumugam ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the Respondent No.1 to trace and produce the petitioner's wife, namely, Smt.Sundari, aged about 37 years, before this Hon'ble Court and set her at liberty. For Petitioner ::

Mr.B.Manoharan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor for R1 R2-Not ready in notice

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of habeas corpus has been instituted to direct the first respondent to produce the petitioner's wife Smt.Sundari, aged about 37 years.

2. The first respondent police secured the detenue-Sundari and now she is residing in Imayam Women's Home at Coimbatore. She appeared before this Court through video conferencing.

3. We have examined the detenue. She said that the petitioner Mr.Pichan is her first husband and the second respondent-Arumugam is her second husband. She expressed her willingness to join with the second respondent-Arumugam to lead the matrimonial life. When the detenue is aged about 37 years and willing to resume her matrimonial relationship with the second respondent-Arumugam, this Court has no option, but to form an opinion that the detenue is not under illegal detention. Thus the detenue

shall be permitted to join with the second respondent as per her own wish. The habeas corpus petition stands disposed of. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 24.01.2025 ss To

1. The Inspector of Police Mettupalayam Police Station Coimbatore

2. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 24.01.2025