Madras High CourtHCP(MD)/126/2022dismissed

K.Arumugam v. The Superintendent Of Police

2022-02-18Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.126 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.126 of 2022 K.Arumugam ... Petitioner Vs.

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

2.The Inspector of Police, Seithur Police Station, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents to produce the body and person of the petitioner's wife by name, M.Balammal W/o.K.Arumugam, before this Court and set her at liberty in accordance with law within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of his wife Balammal, who is said to be missing since 12.10.2021.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. It is stated that the detenue is the second wife of the petitioner.

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H.C.P.(MD) No.126 of 2022

4. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, on instructions, would submit that the detenue has eloped with one Balamurugan and tracking of her cell phone shows that they are in Kodaikannal. The detenue being a major, we do not find any case of illegal detention. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) rm 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, Office of the Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Seithur Police Station, Virudhunagar District.

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

H.C.P.(MD) No.126 of 2022 18.02.2022 RK(04/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2