Madras High CourtHCP(MD)/1220/2015dismissed

N. Latha v. The Superintendent Of Police

2015-09-03Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1220 of 2015 N.Latha .. Petitioner Vs.

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

2.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the detenue Nelson, S/o.Selvaraj, aged 42 years, the petitioner's husband before this Court and set him liberty. For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor.

O R D E R

*********** [Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the wife of one Mr.Nelson, aged at 42 years. On the allegation that he is missing from 13.10.2015, the petitioner has come up with this Habeas Corpus Petition.

2. We heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. The learned Additional Public Prosecutor would submit that on an earlier occasion Mr.Nelson eloped with one Jayakumari. A case was registered in Crime No.229 of 2014 under Section 366 I.P.C. They were located. Mr.Nelson was arrested, remanded on judicial custody and thereafter released on bail. The learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

further submitted that Mr.Nelson has eloped with the very same girl namely, Jayakumari. The investigation has also revealed so. The said statement is recorded.

4. In view of the above submission, since, we do not find any illegal detention, it is a case of simple elopement, there is no scope to pass any direction as prayed for in the petition. Accordingly, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

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

2.The Inspector of Police, Kodaikanal Police Station, Kodaikanal,Dindigul District.

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

+1cc to M/S. D.Sadiq Raja, Advocate in SR.No 52017 TS/21.09.2015/2P - 5C sk-skn/SAR -I ORDER MADE IN H.C.P(MD)No.1220 of 2015 03.09.2015 https://hcservices.ecourts.gov.in/hcservices/