Vanaja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Vanaja ... Petitioner/Wife of the Detenu Vs.

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

2.The Inspector of Police, Karunkal Police Station, Kanyakumari District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, by directing the respondents to produce the person or body of petitioner's husband namely Satheesh aged about 33 years S/o.Pylo and set him at liberty and produce him before this Court. For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The petitioner is the wife of one Satheesh. He was employed at Singapore and returned to India on 11.01.2024. On the next day, he had gone missing and hence, a complaint was lodged by the petitioner with the respondent Police on 14.01.2024, which was registered in Crime No.14 of 2024. Since the respondent Police were not able to trace the petitioner's husband, the present Habeas Corpus Petition is filed.

2. When the matter is taken up for consideration today, the learned Additional Public Prosecutor submitted that the respondent Police, pursuant to the petitioner's complaint, had traced the petitioner's husband, Satheesh, who was in Kerala and he was produced before this Court. The petitioner and her two children are also present before this Court. The petitioner's husband seems to have left his wife due to some extramarital affair with a lady in Kerala and now he had promised his wife that he will not desert her any further and live with her.

3. In view of the fact that the missing person has been secured by the respondent Police pursuant to the complaint given by the petitioner, nothing survives in this Habeas Corpus Petition. Hence, the Habeas Corpus Petition is dismissed.

(G.J.,J.) (C.K.,J.) 20.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Karunkal Police Station, Kanyakumari District.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 20.03.2024