Murugan v. The Superintendent Of Police

H.C.P.(MD) No.17 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.17 of 2021 Murugan ... Petitioner/Husband of the Detenue -vs1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

... 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 body and person of the petitioner's wife namely, Nalayiram, aged about 27 years, W/o Murugan before this Court and set her at liberty.

For Petitioner :

Mr.S.Sathya Chidambaram For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in this Habeas Corpus Petition is to direct the respondents to produce the petitioner's wife namely, Nalayiram, aged 27 years before this Court and set her at liberty. 2.The petitioner would state that he is a painter by profession and he married the detenue 10 years back and they are blessed two children, namely, Durgaselvi and Kanishka, aged about 9 and 6 years respectively. He would further state that the detenu was working in a spinning mill, however, she was found missing from 27.11.2020. Hence, he lodged a complaint with the second respondent. Since no effective step has been taken to secure the detenue, he filed the present habeas corpus petition.

3.When the matter is taken up for hearing today, the petitioner, the detenue and their minor children appeared before this Court. On enquiry, the detenue would state that she was harassed by the petitioner and hence, she left the matrimonial home and now she is residing at Palladam. She further stated that she is not illegally detained by any person.

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H.C.P.(MD) No.17 of 2021 4.In the light of the above statement, the detenue is set at liberty and the habeas corpus petition is ordered accordingly. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Skn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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