Madras High CourtHCP(MD)/155/2022dismissed

V.Deepa v. The Superintendent Of Police

2022-03-01Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.155 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.155 of 2022 V.Deepa ... Petitioner/Wife of the Detenue Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus to direct the respondents to produce the person or body of the detenue, namely, Vetrivel, S/o.Krishnasamy, aged about 57 years and set him at liberty. For Petitioner : Mr.M.Viji For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks for production of the person of her husband Vetrivel, who is said to be missing since three months.

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

3. Mr.S.Ravi, learned Additional Public Prosecutor, on instructions, would submit that the claim of the petitioner is that she is the wife of the detenue itself is incorrect. According to the respondent Police, the petitioner and the detenue were in livein relationship. It is also stated that the first marriage between https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.155 of 2022 the detenue and his wife is still subsisting. It is also stated that the detenue has left the house of the petitioner, since she insisted him to transfer the property in her name. This being the case of voluntary leaving, there is no case of illegal custody or illegal detention. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(CRL SIDE) // 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, Dindigul District, Dindigul.

2.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

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

H.C.P.(MD) No.155 of 2022 01.03.2022 KS(CO) TR(17.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2