Madras High CourtHCP(MD)/246/2022dismissed

Sangapillai v. The Superintendent Of Police

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

H.C.P.(MD) No.246 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.246 of 2022 Sangapillai ... Petitioner/Husband of the detenue Vs.

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

2.The Inspector of Police, Sinthamanipatti Police Station, Karur District.

3.Arjunan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents 1 & 2 to produce the body or detenue namely Revathi, W/o.Sangapillai, aged about 34 years before this Honourable Court and set her at liberty.

For Petitioner : Mr.C.Mayilvahana Rajendran 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 wife Revathi, aged about 34 years.

2. According to the petitioner, his wife Revathi has stood as a guarantor for the borrowing by her friend who is also named Revathi. Suspecting that the third respondent who is the lender would have kidnapped his wife, the petitioner had launched this proceedings. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.246 of 2022

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 third respondent has nothing to do with the cause. The detenue had eloped with one Selva of Pudukottai and the CCTV footage also shows that the detenue is going along with said Selva.

4. From the above facts, it is clear that it is a case of 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 in Crime No.28 of 2022 to its logical conclusion.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar To:

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

2.The Inspector of Police, Sinthamanipatti Police Station, Karur District.

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

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-10522[F] dated 08/03/2022 ) H.C.P.(MD) No.246 of 2022 08.03.2022 pm MS/18.03.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2