Madras High CourtHCP(MD)/48/2015dismissed

Palanichamy Anil General Paul v. The Commissioner Of Police

2015-01-09Honourable Mr Justice T.Mathivanan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.01.2015 Coram THE HONOURABLE MR.JUSTICE A.SELVAM AND THE HONOURABLE MR.JUSTICE T.MATHIVANAN H.C.P.(MD)No.48 of 2015 Palanichamy Anil Genaral Paul .. Petitioner Vs.

1.The Commissioner of Police, Madurai, Madurai District.

2.The Inspector of Police, Sellur Police Station, Madurai District.

3.Jeyalakshmi .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body or person of the detenu namely Jenani W/o.Palanichamy Anil Genaral Paul aged about 26 years before this Court and set her at liberty.

For Petitioner : Mr.M.Jegadeeshpandian for M/s.K.J.Associates For RR - 1 & 2 : Mr.T.Mohan Addl.Public Prosecutor

ORDER

(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to trace out and produce the detenu by name Jenani, alleged wife of the petitioner.

2. It is represented on the side of the petitioner that the petitioner has married the detenu and since the detenu has left matrimonial abode SMOP No.240 of 2013 has been filed on the file of the concerned Family Court for getting the relief of restitution of conjugal https://hcservices.ecourts.gov.in/hcservices/ rights, wherein, an ex parte decree has been passed.

3. The learned Additional Public Prosecutor has also ascertained the institution of SMOP No.240 of 2013 and also passing of an ex parte decree.

4. Considering the fact that the petitioner has already obtained a decree in SMOP No.240 of 2013, question of illegal custody does not arise and therefore, the present Habeas Corpus Petition deserves to be dismissed.

5. In fine, this Habeas Corpus petition is dismissed. Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai, Madurai District.

2.The Inspector of Police, Sellur Police Station, Madurai District.

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

H.C.P.(MD)No.48 of 2015 09.01.2015 mj PA/11.02.15/2P/4C https://hcservices.ecourts.gov.in/hcservices/