Moorthy v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.398 of 2023 Moorthy .. Petitioner Vs.

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

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

3.Alex .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent to produce the body or person of the detenues the petitioner's wife and children namely Thiruselvi aged about 29, Harinish aged about 7 and Yogan aged about 2 1⁄2 who have been illegally detained by the 3rd respondent and produce them before this Court and set them at liberty.

For Petitioner : Mr.A.B.Jeeva For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to produce the body or person of the detenues, ie., the petitioner's wife and children namely Thiruselvi aged about 29, Harinish aged about 7 and Yogan aged about 21⁄2, who have been illegally detained by the 3rd respondent and produce them before this Court and set them at liberty.

2. Today when the Habeas Corpus Petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the official respondents has stated that the detenue have been secured and she has been brought before this Court.

3. When we enquired the detenue, she stated that due to some family dispute and some strained relationship with the petitioner/husband, for the

past nearly about 11⁄2 months, she has left the matrimonial home and claims to have been residing in Bangalore and now she has come with an intention to join with the petitioner, ie., the husband of the detenue.

4. The said statement of the detenue is recorded and the petitioner was also enquired, who was present before this Court and he would submit that in the interest of the two children and in the interest of family, ie., the petitioner and the detenue, he will take care of the well being of the detenue with utmost care.

5. Recording the same, this Habeas Corpus Petition is closed. (R.S.K.,J.) (K.K.R.K.,J.) 27.03.2023 Index : Yes/No Internet : Yes RR

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR HCP.(MD)No.398 of 2023 27.03.2023