Madras High CourtHCP(MD)/1100/2017closed

K.Palanikumar v. The Commissioner Of Police

2017-07-25Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1100 of 2017 K.Palanikumar ... Petitioner -vs1. The Commissioner of Police, Commissioner of Police Office, Madurai City, Madurai District.

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

3.Subbulakshmi 4.S.Sudhakar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents No.1 to 3 to produce the person or body of the detenues namely S.Subhathra, wife of K.Palanikumar aged about 24 years and P.Kesavalingam son of K.Palanikumar aged about 4 years from the illegal custody of 4th respondent before this Court and set them at liberty.

For Petitioner : Mr.M.Thangapandian For R1 & R2 : Mr.T.Mohan, Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] There are two proceedings are pending. One for Restitution of Conjugal Rights and another for custody of the children. This is the dispute between the petitioner and his wife and detenus are living with the fourth respondent and the fourth respondent is the https://hcservices.ecourts.gov.in/hcservices/

none other than the father-in-law of the petitioner. Thus, we find there is no illegal detention.

2. In such view of the matter, this Habeas Corpus Petition is dismissed with liberty to the petitioner to work out his remedy either in the pending proceedings or filing fresh application. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To:

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

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

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

Gns/am AE/SKN RSK/SAR1/03.08.2017/2P/4C H.C.P.(MD) No.1100 of 2017 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/