Sangappasamy v. The Commissioner Of Police

H.C.P.(MD) No.631 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.631 of 2021 Sangappasamy ... Petitioner/Husband of the Detenu Vs.

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

2.The Inspector of Police, Koodalpudhur Police Station, Madurai.

... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents 1 and 2 to secure and produce the body or person of the detenu namely Seethaiyammal (petitioner's wife), W/o.Sangappasamy, aged about 27, who may be in the illegal custody of somebody else and produce before this Court and set her at liberty.

For Petitioner : Mr.S.Vikram For Respondents : Mr.S.Ravi Standing counsel for the State

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed seeking direction to the respondents 1 and 2 to secure the petitioner's wife viz., Seethaiyammal, W/o.Sangappasamy, aged about 27 years, and set her at liberty.

2. The petitioner would claim that he married the detenu in the year 2011 and they were blessed with three children, aged about 7 years, 5 years and 3 years respectively. While so, the detenu was https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.631 of 2021 found missing from 09.01.2021. Hence, he lodged a complaint with the respondents on 17.04.2021, through Court. Since no action was taken, the present habeas corpus petition.

3. The detenu Seethaiyammal was produced by the second respondent. The petitioner appeared along with his children. The detenu would state that since her husband was scolding her often, she left the matrimonial home and living alone and she is not wiling to go with the petitioner.

4. Recording the statement of the detenu, the Habeas Corpus Petition is closed, giving liberty to the parties to work out the remedy before the competent civil Court.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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

2.The Inspector of Police, Koodalpudhur Police Station, Madurai.

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

ORDER MADE IN H.C.P.(MD) No.631 of 2021 16.06.2021 GS (28.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2