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Madras High CourtHCP(MD)/216/2024closed

Prakashraj v. The Superintendent Of Police

2024-02-14Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR H.C.P.(MD)No.216 of 2024 Prakashraj ... Petitioner/ husband of the detenue -Vs1.The Superintendent of Police, Dindigul District.

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

... 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 detenu or body of the detenu i.e., petitioner's wife namely Nandhini, 21 years daughter of Ramasamy before this Court and set her at liberty. For Petitioner : Mr.P.Krishnaveni For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner filed this Habeas Corpus Petition for production of his wife, namely, Nandhini, aged about 21 years. 2.Today, when the matter is taken up for hearing, the respondent Police produced the detenue before this Court. When we enquired her, she made a statement before us that she married the petitioner and she is willing to go along with the petitioner.

3.The statement made by the detenue is recorded. In view of the same, we feel that there has been no illegal custody as alleged by the petitioner. 4.The learned Additional Government Pleader appearing for the respondent police submits that the detenue was legally married to one Sivakumar. 5.In view of the above, till the legal process of getting divorce is completed before the appropriate forum, we direct the detenue to stay along with her aunt, Murugeswari. The detenue also consented for the same.

6.Accordingly, this Habeas Corpus Petition is closed. [D.K.K., J.] & [R.V., J.] 14.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To 1.The Superintendent of Police, Dindigul District.

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

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

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta H.C.P.(MD)No.216 of 2024 14.02.2024