Madras High CourtHCP(MD)/51/2018closed

B.Palanichamy v. The Superintendent Of Police

2018-01-22Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2018

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.51 of 2018 B.Palanichamy : Petitioner Vs 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Mallankinaru Police Station, Kariapatti Taluk, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

4.Dinesh 5.Radha : Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents herein to produce the petitioner's wife D.Priyadharshini, D/o.Dinesh, aged 22 years in person or body before this Court and set her at liberty forthwith.

For Petitioner : Mr.K.Prabhu For R1 to R3 : Mr.C.Ramesh Additional Public Prosecutor *****

ORDER

[Order of the Court was made by S.VIMALA, J.] The petitioner has filed this petition on the premise that the detenue is in the illegal custody of the third and fourth respondents.

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2.Today, when the Habeas Corpus Petition was taken up for consideration, the detenue Priyadharshini is present before this Court along with her mother and one Manikandan. On enquiry, the detenue submitted that she married the said Manikandan. 3.The petitioner Palanichamy is also present. He wanted a liberty to talk to the detenue Priyadharsini, but the detenue was not inclined to talk to him. Therefore, this Court has enquired the detenue in the absence of both sides. She made it clear that she wanted to be with the mother only and that she is not in illegal custody. Under such circumstances, the detenue is set at liberty to chose her own way to live. It is stated that a cell phone and four grams of gold is in the custody of the detenue, which they have undertaken to hand it over to the Police and that the petitioner has undertaken to get it back from the Police.

4.Recording the statement of the detenue, the Habeas Corpus Petition is closed and as the detenu is a major, she is set at liberty.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Mallankinaru Police Station, Kariapatti Taluk, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

+One cc to Mr.K.Prabhu, Advocate, SR.No.43200 rj2 RL/5C/2P/SKN/RSK/SAR1/1/2/2018 H.C.P.(MD)No.51 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 22.01.2018