Madras High CourtHCP(MD)/295/2017closed

K.Chandradevi, v. The State Rep. By

2017-03-21Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD) No.295 of 2017 K.Chandradevi ... Petitioner -vs1.The State rep.by The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Malli Police Station,Malli, Virudhunagar District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body or corpus of the petitioner's husband namely, Kaleeswaran S/o.Ramar, aged about 32 years, residing at 3/155, Mettu Muilikulam, Malli Post, Srivilliputtur Taluk-626 141, Virudhunagar District before this Court by securing him from illegal custody and set him at liberty.

For Petitioner :

Mr.B.Jeyakumar For Respondents :

Mr.T.Mohan Addl. Public Prosecutor

O R D E R

[Order of the Court by T.S.SIVAGNANAM, J.] Heard Mr.B.Jeyakumar, learned counsel appearing for the petitioner and Mr.T.Mohan, learned Additional Public Prosecutor appearing for the respondents.

2. The petitioner has filed this Habeas Corpus Petition seeking direction to the respondent police to trace her husband, namely, Kaleeswaran, aged about 32 years, who is missing from 13.02.2017, produce him before this Court and set him at liberty. https://hcservices.ecourts.gov.in/hcservices/

3. The respondent police produced the detenu before this Court.

4. When we enquired the detenu, he stated that he gone away on his own volition leaving the petitioner and two minor children. Therefore, we find that there is no illegal detention.

5. The detenu further stated that due to misunderstanding between him and his wife / petitioner, he had gone away. We have extensively advised him and counseled him to be a responsible husband and responsible father.

When we enquired the petitioner / wife, she is ready to accept her husband. The detenu / husband is also ready and willing to go with the petitioner / wife and take care of her and two minor children.

6. Recording the same, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Malli Police Station,Malli, Virudhunagar District.

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

H.C.P.(MD) No.295 of 2017 21.03.2017 JM/SV MMS/28.03.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/