V.Shanmugam v. The Additional Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No. 840 of 2015 V.Shanmugam .. Petitioner Vs.

1. The Additional Superintendent of Police, Ramanathapuram District.

Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

3.Sudhakaran .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, praying for a direction to the respondents to produce the person or body of detenues namely M.Bhuvaneswari, W/o.Muthukumar, aged about 22 years and Baby Yuvas, aged about 3 years, the petitioner's Grand Daughter and great Grand Son before this Court and set her at liberty.

For Petitioner : Mr.H.Mohammed Imran For M/s.Ajmal Associates For R1 and R2 : Mr.K.S.Duraipandian Additional Public Prosecutor For R3 : No Appearance

O R D E R

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the maternal grandfather of one Bhuvaneswari, W/o.Muthukumar, aged about of 22 years. According to the petitioner, she has been found missing from 03.05.2015. He has further alleged that Mrs. Bhuvaneswari and her three year old son Yuvas are illegally detained by the third respondent.

2. We have heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

3. When the matter was taken up for hearing today, the petitioner was not present. But his wife Mrs.Nagalakshmi was present. The detenu along with her child was produced by the second respondent. She would state that even before her marriage, she had fallen in love with the third respondent and after marriage with Mr.Muthukumar, she was illtreated by him citing The same as a reason. Even after The birth of The child, her husband was not even seen the child. Now, she is living with https://hcservices.ecourts.gov.in/hcservices/

the third respondent. She further stated that she wants to go with the third respondent Mr.Sudhakaran. The said statement is recorded. Her grandmother Mrs.Nagalakshmi, would state that she would take the detenue with her and keep her safely. But the detenue is not willing for the same.

4. In view of the above position, this Habeas Corpus Petition is disposed of, leaving it open for Mrs.Bhuvaneswari, to choose her own way of life.

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

1. The Additional Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/S. Ajmal Associates SR.No. 47228 ORDER MADE IN H.C.P(MD)No.840 of 2015 18.08.2015 PJL/RR NS/SKS-RR/03.09.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/