Lakshmanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.327 of 2023 Lakshmanan ... Petitioner / Husband of the Detenue Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Suchindram Police Station, Kanniyakumari District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to secure or produce the body or person of the detenue, namely, Selvaprintha, aged about 27 years, W/o.Lakshmanan before this Court and set her at liberty. 1/4

For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of his wife, namely, Selvaprintha, aged about 27 years, has filed this Habeas Corpus Petition. 2.Today, when this Habeas Corpus Petition is taken up for hearing, Mr.RMS.Sethuraman, learned Additional Public Prosecutor appearing for the respondents has produced the detenue before this Court, who would submit that she left the matrimonial home, because of the treatment she met with the relatives of the petitioner / husband at the time when he was inside the jail, pursuant to the conviction in a criminal case. She would further submit that for the past about 3 to 4 years, she had been residing separately at Chennai and though she has concern with her two children, she does not want to join with the petitioner / husband. 2/4

3.The petitioner is also present before this Court. After knowing the stand taken by the detenue / wife, the petitioner has stated that he would workout his personal remedy before the appropriate forum. 4.In view of the above, as there has been no illegal custody on the part of the detenue, we feel that this Habeas Corpus Petition can be closed, accordingly, it is closed.

(R.S.K., J.) & (K.K.R.K, J.) 11.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Suchindram Police Station, Kanniyakumari District.

3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

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

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