Madras High CourtHCP(MD)/16/2018closed

Suresh, v. The Superintendent Of Police,

2018-02-05Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.02.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition (MD) No.16 of 2018 Suresh ... Petitioner -vs1. The Superintendent of Police, at Nagercoil, Kanyakumari District.

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

... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents to produce the person or body of the detenu Bindhu, W/o.Suresh Raj, aged about 26 years, before this Honourable Court and set her liberty and thus render justice.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Ramesh Addl. Public Prosecutor ******

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner has filed this petition, seeking direction to the respondents to produce his wife / detenu, namely, Bindhu, aged about 26 years before this Court and set her liberty.

2. According to the petitioner, he is a Coolie and he married the detenu some four years back and out of their wedlock, they were blessed with a female child by name Redchatha. His wife was found missing on 01.07.2017 onwards and therefore, he lodged a complaint with the 2nd respondent. Since there was no effective steps taken by the respondent police to trace out his wife, he is before this Court, seeking for the above direction.

3. The learned Additional Public Prosecutor has produced the detenu, namely, Bindhu and the petitioner along with the child is present before this Court.

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4. On being enquired with the detenu, she has stated that on account of some difference of opinion with her husband, she had left the matrimonial home and no one kidnapped or abducted her against her will.

5. On enquiry with the petitioner, he consented to take his wife back so as to live happily in the interest of the child and he has also made an endorsement to that effect. The detenu has no objection to go along with the petitioner / husband

6. In view of the willingness shown by the detenu, namely, Bindhu to accompany her husband and as per the endorsement made by the petitioner herein, this petition stands closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

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

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

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

+1cc to Mr.S.C.Herold Singh, Advocate Sr.No.46271 AR VB/KKR/SAR4/19/02/2018/2P/5C Habeas Corpus Petition No.16 of 2018 05.02.2018 https://hcservices.ecourts.gov.in/hcservices/