N. Nandakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.932 of 2015 N.Nandakumar .. Petitioner Vs.

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

2. The Inspector of Police, Karur Town Police Station, Karur.

3.Subash .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondent to secure the detenu and produce the body or person of the detenu, viz., Induja, W/o.Nandakumar, aged 23 years before this Court, illegally detained by the third respondent and set her at liberty.

For Petitioner : Mr.S.Deenadhayalan For RR 1&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 Mrs.Induja, aged at 23 years. According to him, she has been found missing from 09.08.2014. A case has been registered regarding the same in Crime No.20 of 2014. Since, his wife has not been secured, the petitioner has come up with this Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2. We have also perused the records carefully.

3. The learned Additional Public Prosecutor would submit that Mrs.Induja has sent a registered letter to the respondent https://hcservices.ecourts.gov.in/hcservices/

police, which was received on 05.09.2015. In the said postal cover, she has sent a photograph of herself with one Subash, the third respondent herein. In the letter, she has stated that she had fallen in love with the third respondent, who is a native of Jharkhand State and she has married him and she is living in Jharkhand very happily with him and she has given her address also including her mobile cellphone number. When the respondent contacted her over through the said cellphone number, she responded saying that she is alright there and she is unable to travel to Tamilnadu, because she has recently undergone appendicitis operation.

4. In view of the above, since there appears to be no illegal detention, no further direction as prayed for, could be given. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Karur Town Police Station, Karur.

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

+ 1 CC TO MR.S.DEENADHAYALAN, ADVOCATE IN SR NO. 53095/15 PJL/SMN TE/NGM-SS/ 01/10/2015 2P/5C ORDER MADE IN H.C.P(MD)No.932 of 2015 08.09.2015 https://hcservices.ecourts.gov.in/hcservices/