Padmadoss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.747 of 2015 Padmadoss ... Petitioner Vs.

1. State represented by Inspector of Police, Thuckalai Police Station, Kanniyakumari District.

2. Stated represented by Superintendent of Police, Nagerkoil, Kanyakumari District.

3. Saju ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the respondents No.1 and 2 to secure petitioner's wife by name Krishna Shanthi, aged 27 years and minor son Kiranjith, aged about 5 years from the illegal custody of respondent No.3 and to produce the detenues before this Court and set them of liberty. For Petitioner : Mr.K.Prabhu For RR 1 and 2 : Mr.K.S.Duraipandian Additional Public Prosecutor.

For R3 : No Appearance.

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the husband of one Krishna Shanthi, aged 27 years and father of minor child Kiranjith aged 5 years. According to the petitioner, they were found missing from 17.05.2015 onwards. In this connection a complaint has been made by the petitioner and a case has been registered in Crime No.428 of 2015 on the file of the first respondent. Since the detenues were not secured by the police, the petitioner has come up with this Habeas Corpus Petition.

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2. When this Habeas Corpus Petition came up for hearing on 09.10.2015, the Inspector of Police, Thuckalai Police Station

produced Krishna Shanthi and Kiranjith before this Court. After enquiries, this Court felt that the matter could be matrimonial dispute between the parties and it could be settled by means of mediation and therefore this Court directed the parties to appear before the mediation Centre. From the mediation Centre report, it has been found that the dispute has not been settled between the parties.

3. Today when the matter was taken up, the petitioner and Mrs.Krishna Shanthi are present and also produced the child Kiranjith. They would submit that after failure of the above mediation held before the mediation centre, at the intervening of the elders, the disputes were resolved between them and now they have been living together very happily. The petitioner and Krishna Shanthi stated that they are living in the house of the petitioner and they are educating Kiranjith as well as the other children. They have further submitted that there is no dispute at all. The said statement is recorded.

4. In our considered view, there is no scope to issue further order in this matter. Accordingly, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Thuckalai Police Station, Kanniyakumari District.

2. The Superintendent of Police, Nagerkoil, Kanyakumari District.

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

+ 1 CC TO MR.K.PRABHU, ADVOCATE IN SR NO. 62398 PJL TE/JGB-DP/ : 05/11/2015 : 2P/5C H.C.P.(MD).No.747 of 2015 26.10.2015 https://hcservices.ecourts.gov.in/hcservices/