Murugesan v. The Superintendent Of Police

H.C.P.(MD) No.479 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.479 of 2021 Murugesan ... Petitioner -vs1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Trichy District.

3.Gopi ... 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 detenue namely, Priya aged about 33 years before this Court and set her at liberty. For Petitioner :

Mr.K.Arunraj For Respondents :

Mr.S.Ravi Standing Counsel for Tamil Nadu Government (for R1 and R2)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner seeks for a direction to the respondents to produce his wife, the detenue namely, Priya aged about 33 years before this Court and set her at liberty.

2.The petitioner is the husband of the detenue. It is stated that the marriage between them was held in the year 2004 and they are having two female children, by name, Narmatha and Swetha. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.479 of 2021 It is alleged that the detenue was having illicit relationship with one Gopi, the third respondent herein and she is found missing from 15.11.2019. Hence, he lodged a complaint with the second respondent on 25.06.2020 and the same was registered in C.S.R.No.348 of 2020. Since no effective steps have been taken to secure the detenue, the petitioner sent a representation ot the first respondent through post on 23.03.2021 and filed this petition.

3.When the matter is taken up for hearing today, the petitioner as well as the detenue appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, the detenue has stated that the petitioner is a drunkard and he suspected her character, hence, she is not willing to go with him. She further stated that now she is working in a private company at Tiruppur.

4.In the light of the above statement of the detenue, we find no merits in this habeas corpus petition and hence, the same is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) skn 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, Trichy District, Trichy.

2.

The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Trichy District.

3.

The Standing Counsel for Tamil Nadu Government, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.479 of 2021 28.06.2021 MGJ (14.7.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2