Madras High CourtHCP(MD)/553/2021dismissed

Captain Prabhakaran v. The Superintendent Of Police

2021-04-15Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.553 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.553 of 2021 Captain. Prabhakaran ... Petitioner/Husband of the detenue Vs.

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

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

3.Manickavasagam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 herein to produce the body or person of petitioner's wife viz., Mahalakshmi, aged about 21 years, D/o. Manickavasagam, before this Court and set her at liberty within the time stipulated by this Court.

For Petitioner :

Mr.B.Santhanam Rajesh Kumar For R1 and R2 :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's wife viz., Mahalakshmi, aged about 21 years, before this Court and set her at liberty.

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H.C.P.(MD) No.553 of 2021

2. The petitioner would claim that he married the detenu on 26.11.2020. However, subsequently, from 18.03.2021, she is found missing. Hence, he lodged a complaint with the second respondent and the same was registered by the second respondent. But no action was taken to secure the detenu. Hence, the present Habeas Corpus Petition.

3. Today, the detenu appeared before this Court through video conferencing from the Public Prosecutor Office. She has stated that when she was a minor in the year 2011, she was kidnapped by the petitioner by force and the marriage was performed. A false complaint has been given by the petitioner in the year 2020. She further stated that she is not willing to go with the petitioner.

4. In the light of the above statement of the detenu, we find no merit in this habeas corpus petition and the same is dismissed. Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

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

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

ORDER MADE IN H.C.P.(MD) No.553 of 2021 15.04.2021 MJ(CO) TR(27.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2