Vimala v. The Superintendent Of Police

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 No.81 of 2018 Vimala ... Petitioner -vs1.The Superintendent of Police Office of the Superintendent of Police Trichy District 2.The Inspector of Police All women Police Station, Jeeyapuram Trichy District 3.Selvaraj 4.Selvarani 5.Airport Director Airport authority of India Chennai International Airport Chennai.

6.Airport Director, Airport Authority of India, Tiruchirappalli International Airport, Tiruchirappalli.

7.Airport Director, Airport Authority of India, Madurai Airport, Madurai.

... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents to produce the body or person of the detenue namely Suresh son of Selvaraj aged about 24 years from the illegal custody of the respondents 3 and 4 before this Court and set him at liberty. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.C.Ramesh for RR1 & RR2 Addl. Public Prosecutor Mr.P.Ganapathi Subramanian R3 & R4

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner, who is the wife of detenu, has moved this petition for a direction to the Respondent Nos.1 and 2 to produce her husband, namely, Suresh, aged about 24 years before this Court and set him at liberty.

2. According to the petitioner / wife of detenu, the detenu and the petitioner herein fell in love and got married on 17.11.2017 and after sometime, the detenu left the petitioner in her mother's house and went to his native and thereafter, he has not returned and was found missing. A complaint has been lodged by the petitioner herein to the 2nd respondent police on 21.11.2017 and a case has been registered in Crime No.1 of 2018 under Sections 417 and 506(i) IPC and it is alleged that no further action has been taken and hence, she is before this Court with this petition.

3. Today, the learned Additional Public Prosecutor for the State through the respondent police has produced the detenu before this Court.

4. On being enquired the detenu, he has stated that the petitioner is his wife and the problem between them is living in the relative's house of the petitioner and he does not have any problem with the petitioner/wife. The petitioner, who is present before this Court and the detenu have stated that they decided to take up a separate residence and till such time, they would reside along with one Mr.Kumaravel, uncle of the petitioner.

5. Considering the fact that the detenu, namely, Suresh has attained majority and also the fact that he is desirous to accompany his wife/petitioner herein, he is set at liberty to act as per his own wish, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar To:

1.The Superintendent of Police Office of the Superintendent of Police Trichy District 2.The Inspector of Police All women Police Station, Jeeyapuram, Trichy District

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

+1cc to Mr.J.Anandkumar, Advocate Sr.No.46262 +1cc to C.Godwin, Advocate Sr.No.46342 RR VB/SKN/RSK/SAR2/28.02.2018/3P/6C Habeas Corpus Petition No.81 of 2018 05.02.2018