K.Anthony Anbunathan v. The Superintendent Of Police

H.C.P(MD)No.478 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.478 of 2022 K.Anthony Anbunathan ... Petitioner/ Husband of the detenue vs.

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

2.The Inspector of Police, Taluk Police Station, Devakottai Circle, Sivagangai.

3.Sebasthiyan ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the body or person of the detenue by name, 1) Merlin aged about 39 years W/o. Anthonyanbunathan 2)Ruban aged about 15 years S/o.Anthonyanbunathan 3)Sarala aged about 13 years D/o.Anthonyanbunathan before this Court, and set them at liberty. For Petitioner : Mr.S.M.Sanjay For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of his wife Merlin aged about 39 years and his two minor children namely, Ruban and Sarala aged about 15 and 13 years respectively. He found his wife and children missing on 28.01.2022 when he returned from Singapore. He lodged a complaint on 24.02.2022 at Devakottai Taluk Police Station. Complaining inaction on the part of the police, the petitioner has come up with this Habeas Corpus Petition.

2.

Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that the Police have secured the https://hcservices.ecourts.gov.in/hcservices/ Page 1/2

H.C.P(MD)No.478 of 2022 wife Merlin. In the enquiry, she has stated that she has been living with another person for the past two years and the children are studying in a school. He would also submit that she is living with the other person on her own.

3.

The first detenue, wife of the petitioner, is also present in Court. In view of the same, we do not see any illegal detention. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Taluk Police Station, Devakottai Circle, Sivagangai.

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

H.C.P(MD)No.478 of 2022 DATED : 30.03.2022 MGJ(19.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ Page 2/2