Soundarapandiyan v. The Commissioner Of Police

H.C.P.(MD)No.673 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.673 of 2021 Soundarapandiyan .. Petitioner/Husband the Detenue Vs

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

2. The Inspector of Police, Avaniyapuram Police Station, Madurai District.

3. Jey Ganesh ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenue namely Poongodi W/o.Soundarapandiyan, aged 27 years before this Hon'ble Court and set her at libery.

For Petitioner : Mr.R.Jenifar Bibin For respondents : Mr.S.Chandrasekar Additional Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.R.Jenifar Bibin, learned Counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2. The learned Additional Public Prosecutor, on instructions, submitted that the respondent-Police have located the detenue and she is in Mumbai along with the third respondent. It is further https://hcservices.ecourts.gov.in/hcservices/ __________

H.C.P.(MD)No.673 of 2021 submitted that earlier there was a complaint in Sulur Police Station, where, the detenue and the third respondent has given a written undertaking that they will take care of their affairs by themselves.

3. Thus, it is clear that it is not a case of any illegal detention and the detenue voluntarily went along with the third respondent. Therefore, while closing this habeas corpus petition, we grant liberty to the petitioner to work out his remedy before the appropriate Forum.

4. Accordingly, the Habeaus Corpus petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 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.

To:

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

2. The Inspector of Police, Avaniyapuram Police Station, Madurai District.

3. The Addittional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

+1 CC to M/s.R.JENIFAR BIBIN, Advocate ( SR-18236[F] dated 30/04/2021 ) H.C.P.(MD) No.673 of 2021 29.04.2021 RK(13.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ __________