Madras High CourtHCP(MD)/249/2022dismissed

Antonysamy v. The Superintendent Of Police

2022-03-08Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.249 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.249 of 2022 Anthonysamy ... Petitioner/brother in law of detenue Vs.

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

2.The Inspector of Police, Madagupatti Police Station, Sivagangai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondent 1 and 2 to secure and produce the body or person of the detenue namely Arulpriya (W/o) Arulselvam, aged about 30 years (petitioner younger brother's wife) and Minor.Karole (D/o) Arul Selvam aged about 02 years (petitioner younger brother's daughter) and produce before this Court and set them at liberty.

For Petitioner : Mr.S.Vikram For R-1 & R-2 : 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 brother's wife, who is said to be missing from 08.02.2022 along with one female child, jewelry and cash.

3. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the State upon instructions would submit that it is a case of elopement. The detenue had eloped with one Siva. The learned Additional Public Prosecutor would further add that the detenue has made 185 calls to the mobile number of said Siva (Mobile No.7806978738).

4. From the above facts, it is clear that it is a case of https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.249 of 2022 elopement and there is no illegal detention involved. Hence, this Habeas Corpus Petition is dismissed. The respondent police are directed to pursue the case registered by them to its logical conclusion.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To:

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

2.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

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

H.C.P.(MD) No.249 of 2022 08.03.2022 NSN(CO) KB(17.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2