Madras High CourtHCP(MD)/374/2022dismissed

Senthil Murugan v. The Superintendent Of Police

2022-03-11Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.374 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.374 of 2022 Senthil Murugan ... Petitioner/Husband of the detenue Vs.

1.The State by the Superintendent of Police, Theni District.

Theni.

2.The State by the Inspector of Police, Gudalur Police Station, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents to produce the body or person of the petitioner's wife, "Priya", aged about 30 years and son namely, "Sashvindev", aged about 5 years, before this Court and set them at liberty.

For Petitioner : Mr.S.Balakarthick For Respondents : Mr.E.Antony Sahaya Prabhakar, Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The prayer in the Habeas Corpus Petition is to direct the respondents to produce the person or body of the detenue namely, Priya, wife of Senthil Murugan, aged 30 years, Sashvindev, Son of Senthil Murugan, aged 5 years, before this Court and set them at liberty.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.374 of 2022

3. It is seen from the affidavit filed in support of this petition that the marriage between them ran into a rough weather and the proceedings for divorce as well as conjugal rights are pending before the Subordinate Court, Uthamapalayam.

4. In such view of the matter, we do not think any illegal custody involved in this case. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(Writs) // 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, Theni District.

Theni.

2.The Inspector of Police, Gudalur Police Station, Theni District.

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

H.C.P.(MD) No.374 of 2022 11.03.2022 nsn(CO) TR(24.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2