Madras High CourtHCP(MD)/213/2021allowed

P.Thirumoorthy v. The Commissioner Of Police

2021-03-01Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.213 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.213 of 2021 P.Thirumoorthy ... Petitioner -vs1.The Commissioner of Police, O/o.The Commissioner of Police, Tiruchirappalli City.

2.The Inspector of Police, O/o.The Inspector of Police, Kottai Police Station, Tiruchirappalli.

3.Manokaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the Respondents Nos.1 & 2 to produce the body or person of the petitioner's wife namely Devipriya, wife of Thirumoorthy, aged about 26 years before this Court and set her at liberty forthwith.

For Petitioner : Mr.S.M.A.Jinnah For R1 & R2 : Mr.K.Dinesh Babu Additional Public Prosecutor For R3 : Party-in-person

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the respondents 1 & 2 to produce the petitioner's wife, namely, Devipriya, aged about 26 years before this Court and set her at liberty forthwith.

2. The petitioner would claim that he fell in love with the detenue and both of them were working in Bangalore I.T.Companies, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.213 of 2021 namely, Wipro and Tech Mahendra respectively. Their marriage was performed on 18.10.2020 at Veramachi Amman Kovil near Maruthamalai. It is alleged that the third respondent, who is the father of the detenue, has illegally detained her and hence, a complaint was given to the police, but no action was taken to secure the detenue and hence, the present habeas corpus petition has been filed.

3. When the matter is taken up for hearing today, the petitioner, the detenue and the third respondent appeared before this Court through Video Conferencing from the Public Prosecutor Office. The petitioner and the detenue would state that they are majors and they got married on 18.10.2020. On enquiry, the detenue has stated that she wants to go with the petitioner.

4. In the light of the above statement, this habeas corpus petition is allowed. The detenue is set at liberty. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) am 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 Commissioner of Police, Tiruchirappalli City.

2.The Inspector of Police, Kottai Police Station, Tiruchirappalli.

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

H.C.P.(MD) No.213 of 2021 01.03.2021 KUN(CO) TR(12.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2