P.Saravanan v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.286 of 2023 P.Saravanan ... Petitioner / Husband and Father of the Detenues Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Tallakulam Police Station, Madurai District.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the Respondents No.1 and 2 to produce the body or person of the detenues namely (1) Nagasundari wife of Saravanan aged 27 years, and the Petitioner's minor daughter (2) Sai Natchiya, aged 4 years before this Hon'ble Court and set the Petitioner's wife and daughter at liberty.
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For Petitioner : Mr.K.Vinoharan For Respondents : Mr.A.Thiruvadi Kumar, 1 & 2 Additional Public Prosecutor
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents No.1 and 2 to produce the body or person of the detenues namely (1) Nagasundari, wife of Saravanan, aged 27 years, and the Petitioner's minor daughter (2) Sai Natchiya, aged 4 years, before this Court and set the Petitioner's wife and daughter at liberty.
2. Mr.K.Vinoharan, learned counsel appearing for the petitioner submits that the first detenue is the wife of the petitioner and the second detenue is the minor child of the petitioner and since for several months, after they left their matrimonial home, their whereabouts is not known and therefore, in order to ascertain their whereabouts, whether they having been in illegal custody or not, this Habeas Corpus Petition has been filed. 2/6
3. Heard Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, appearing for the respondents, who would submit that the detenues have been secured and brought before this Court.
4. When we enquired with the first detenue, who is the wife of the petitioner, who states that, due to some misunderstanding between the first detenue and the petitioner, she has left the matrimonial home along with the second detenue eight months back and for the past eight months she has been residing along with her parents at Kodaikanal, where she claims to have been working in a Jim.
5. Sofaras the re-union is concerned, the first detenue says that after some time the same would be considered and she would take a decision.
6. The petitioner also present before this Court, when he was enquired, he stated that if the first detenue wants to join with him, that is altogether a different issue, but insofar as the safety and security of the minor child i.e., the second detenue is concerned, he expresses certain apprehension against the family members of the first detenue and others. 3/6
7. Be that as it may, insofar as the detenues are concerned, since they have been residing at Kodaikanal along with the parents of the first detenue, it cannot be treated as an illegal custody and insofar as the other aspects viz., the reunion of the petitioner and first detenue and their matrimonial life and to lead the future life along with their child i.e., the second detenue, decision has to be taken both by the petitioner as well as the first detenue and in this context, it is up to them to conciliate themselves for the reunion, otherwise they can approach the concerned Court for appropriate relief.
8. Insofar as this Habeas Corpus Petition is concerned, in view of the aforesaid development, after having found that there has been no illegal custody of these detenues, this Court is inclined to close this Habeas Corpus Petition, accordingly, this Habeas Corpus Petition is closed. (R.S.K., J.) & (K.K.R.K, J.) 29.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No SJ 4/6
To 1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Tallakulam Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.SURESH KUMAR, J.
AND K.K.RAMAKRISHNAN, J.
SJ H.C.P.(MD)No.286 of 2023 29.03.2023 6/6