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Madras High CourtHCP(MD)/1788/2017closed

Muneeswari, v.

2017-12-22Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH AND THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P(MD)No.1788 of 2017 Muneeswari

...Petitioner

-vs1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

3.Mahalakshmi 4.Valli

...Respondents

Prayer: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's husband namely Muthukumar, aged 38 years, son of Karuppusamy the detenu herein before this Court and set him at liberty.

For Petitioner : Mr.A.K.Manickam For R-1 and R-2 : Mr.C.Ramesh Additional Public Prosecutor.

For R-3 & R4 : No appearance

O R D E R

(Order of the Court was made by R.SUBBIAH, J) The petitioner is the wife of the detenu viz., Muthukumar, aged 38 years. It is averred in the petition that the petitioner and her relatives arranged for a job for the detenu at Hong Kong on contract basis for a period of three years. It is further alleged that the detenu did not return to India, even after the contract period was over. On enquiry, the petitioner came to know https://hcservices.ecourts.gov.in/hcservices/

that the detenu left Hong Kong. Since the detenu did not visit the petitioner and the children and as the whereabouts of the detenu was not known, the petitioner preferred a complaint to the respondent police on 24.11.2017. However, since no action was taken, the petitioner is before this Court with this petition. 2.When the matter was taken up for consideration, the detenu was produced by the respondent police. On enquiry, he stated that he returned to India on 03.10.2017 and that since there is a debt to the tune of Rs.3 lakhs, fearing about the creditors, he did not go to his village. However, today, he expressed his willingness to go along with the petitioner. 3.Since the detenu expressed his willingness to go along with the petitioner, nothing survives for adjudication in this petition. Accordingly, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

+ 1 cc TO Mr.A.K.Manickam , Advocate in SR No. 94547 RR AE/SKN RSK/SAR4/22.01.2018/2P/5C H.C.P(MD)No.1788 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/