S.Murugavel v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.133 of 2019 S.Murugavel ... Petitioner -vs1. The Superintendent of Police Theni, Theni District

2. The Inspector of Police Bodinayakkanur Town Police station Bodinayakkanur, Theni District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus against the 1st and 2nd respondents directing them to produce in person or body of petitioner's wife Annalakshmi and daughter Yogamani of Murugavel aged about 36 and 14 years respectively, before this Court and set them at liberty.

For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor For Detenu : Mr.S.M.A.Jinnah

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Today, Mr.P.Sekar, Inspector of Police, Bodinayakkanur Town Police Station, Theni District, is present.

2. It is the case of the petitioner that his wife Annalakshmi (aged about 36 years) and daughter Yogamani (aged about 14 years) went missing since 12.01.2019 and hence, the present habeas corpus petition has been filed.

3. Annalakshmi has entered appearance through Mr.S.M.A.Jinnah, learned counsel.

4. Both Annalakshmi and Yogamani are present before this Court and Mr.S.M.A.Jinnah, learned counsel, represented that they got converted to Islam on their own volition. However, it is the case of the petitioner that his wife and daughter have been forcibly converted to Islam.

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5. In the opinion of this Court, Annalakshmi is aged about 36 years and is not in the illegal confinement of anyone, for this Court to issue a writ of habeas corpus. Hence, the habeas corpus petition is closed with liberty to the petitioner to workout his remedy in the manner known to law.

6. However, at the request of both sides, the parties, who were present before this Court, are sent to the Mediation and Conciliation Centre attached to this Bench, where they could sit together and talk their mind-out and resolve the issues between them. The Mediation and Conciliation Centre is directed to send a report to the Assistant Registrar, Criminal Side, Madurai Bench of Madras High Court, who shall place the same as a part of the records of this case.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Bodinayakkanur Town Police Station, Bodinayakkanur, Theni District.

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

Copy to:

1. The Co-ordinator, Mediation and Conciliation Centre Madurai Bench of Madras High Court, Madurai

2. The Assistant Registrar(crl. Side), Madurai Bench of Madras High Court, Madurai Krk KM/20.02.2019/2P/6C H.C.P.(MD) No.133 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 18.02.2019