V.Arun Shanker v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR H.C.P.(MD)No.71 of 2024 V.Arun Shanker : Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

3.S.Muthuramalingam : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the petitioner's wife by name Anitha (23 years), D/o.Muthuramalingam, before this Court and set her at liberty who is in illegal custody of the third respondent.

For Petitioner : Mr.B.Muthukannan For Respondents 1&2 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by D.KRISHNAKUMAR, J.] This Habeas Corpus Petition is filed seeking for a direction to the respondents 1 and 2 to produce the person or body of the petitioner's wife by name Anitha (23 years), D/o.Muthuramalingam, who is in illegal custody of the third respondent before this Court and set her at liberty.

2.The detenue is present before this Court. The detenue categorically stated that she had already married the petitioner but the same was not registered before the Sub-Registrar office and now she wishes to go along with the petitioner. The detenue further submitted that there is life threat to the detenue, the petitioner and the petitioner's parents from her parents and relatives. 3.In view of the specific statement made by the detenue, we permit the detenue to go along with the petitioner who is said to be

her husband. Considering the fact that there is life threat to the detenue, petitioner and petitioner's parents, we direct the respondent police to escort the detenue, petitioner and his parents to reach the petitioner's place at Tuticorin and the respondent police shall produce them before the concerned Police Station at Tuticorin. Further, the Superintendent of Police, Tuticorin District is directed to issue directions to the concerned police to give necessary police protection to them for a further period of two [2] weeks. Later, based on their request / complaint, if any filed, further police protection may be provided to the detenue, petitioner and his parents. 4.Accordingly, this Habeas Corpus Petition stands closed. [D.K.K.,J.] & [R.V.,J.] 08.02.2024 Index : Yes/No Internet : Yes/No MR Note: Registry to upload this order forthwith.

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Tuticorin District.

3.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN H.C.P.(MD)No.71 of 2024 08.02.2024