Pazham v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.307 of 2023 Pazham ... Petitioner / Husband & Father of the Detenue Vs.

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

2.The Deputy Superintendent of Police, Agasteeswaram Division, Kanyakumari.

3.The Inspector of Police, Thenthamaraikulam Police Station, Agasteeswaram Post, Kanyakumari District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body or corpus of the petitioner's wife Kavitha (Age 30 years) and 1/4

daughter Babisha (Age 13 years) Detenues herein before this Court and set them at liberty forthwith.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of his wife, namely, Kavitha, aged about 30 years and daughter, namely, Babisha, aged about 13 years, has filed this Habeas Corpus Petition.

2.Today, when the matter is taken up for hearing, the respondent Police produced the two detenues ie., wife of the petitioner as well as the second daughter of the petitioner. When we enquired the wife of the petitioner, who is the first detenue, she would submit that there has been some quarrel between the petitioner and the first detenue ie., husband and wife. In the result, she along with her second daughter left to her sister's house at Chennai, where she lived with her and she along with her second daughter wants to stay back at her sister's house and does not want to join with the petitioner.

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3.By virtue of that, this Court feels that there is no illegal custody on the part of the detenues. Therefore, we feel that recording the statement made by the first detenue, this Habeas Corpus Petition can be closed. Accordingly, recording the aforestated statement, this Habeas Corpus Petition is closed. Insofar as any further remedy, which the petitioner wants to pursue, is concerned, it is open to him to pursue it before the appropriate forum in the manner known to law.

(R.S.K., J.) & (K.K.R.K, J.) 13.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Deputy Superintendent of Police, Agasteeswaram Division, Kanyakumari.

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR 3.The Inspector of Police, Thenthamaraikulam Police Station, Agasteeswaram Post, Kanyakumari District.

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

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