Pachaiyappan @ Santhosh v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2699 of 2018 Pachaiyappan @ Santhosh S/o.Ravi ... Petitioner -Vs1.
The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.
2.
The Inspector of Police, Sankar Nagar Police Station, Chennai.
3.
Anantha Raman.P.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the detenue Hemashree, wife of Pachaiyappan @ Santhosh, aged 24 years, from the custody of third respondent herein, before this Hon'ble Court and set her at liberty.
For Petitioner :
Mr.R.Shankarasubbu For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor for R1 & R2
ORDER
[Order of the Court was made by C.T.SELVAM, J] Petitioner seeks production of the detenue viz., Hemasree, aged 24 years informing her to be his wife.
2. Heard learned counsel for petitioner as also learned Additional Public Prosecutor for respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/
3. Under orders in HCP No.1954 of 2017 dated 07.11.2017, this Court has recorded that the detenue viz., Hemasree admitted to the marriage but, informed her desire to stay with her parents. Petitioner has now moved the present petition informing that a fresh cause of action viz., messages forwarded by the girl dated 25.04.2018, would lead to the inference that she is under illegal custody. The detenue has moved HMOP No.1562/2018 seeking annulment of marriage and the same has been allowed, under orders dated 02.08.2018, subsequent to counter affidavit filed by the petitioner herein, wherein, he has denied all the allegations and specifically stated that he is not insistent upon the marital relationship.
4. It is the submission of learned counsel for petitioner that under compulsion and on misrepresentation that the parents of the girl would bring the couple together, petitioner has sworn to such affidavit, he having studied only up to VII standard.
5. The submission of learned counsel is too big a pill to swallow. This Habeas Corpus Petition shall stand dismissed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kmi To
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.
2.
The Inspector of Police, Sankar Nagar Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
H.C.P.No.2699 of 2018 KS(CO) NR 26/12/2018 https://hcservices.ecourts.gov.in/hcservices/