Madras High CourtHCP(MD)/250/2022dismissed

Aundichamy v. The Superintendent Of Police

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

H.C.P.(MD) No.250 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.250 of 2022 Aundichamy ... Petitioner/Husband of Detenu Vs.

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

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

3.Vinayagam 4.Muthulakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents 1 and 2 to secure and produce the body or person of the petitioner's wife namely, Priya W/o.Aundichamy, aged about 40 years, the detenues herein before this Court and set her at liberty. For Petitioner : Mr.R.Murugan 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 Priya, aged about 40 years.

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

3. According to the petitioner, she went for work in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) on 18.11.2021 and she did not return to home.

4. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, on instructions, would submit that the detenue developed https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.250 of 2022 intimacy with one Vinayagam, the third respondent, while the petitioner was working at Kerala and she had eloped with him. The detenue being a major and it is a case of elopement, we do not find any case of illegal detention involved. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AS) // 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, Madurai District, Madurai.

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-7180[F] dated 18/02/2022 ) H.C.P.(MD) No.250 of 2022 18.02.2022 SE(CO) GC(07.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2