Subash Chandrabose v. The Superintendent Of Police

H.C.P(MD)No.725 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.725 of 2021 Subash Chandrabose ... Petitioner/Husband of the detenu -vs1. The Superintendent of Police, Korampallam, Thoothukudi.

2. The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

Cr.No.516 of 2018.

... Respondents PRAYER : 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 secure the detenue to produce in person or body of the detenue namely Manimekalai wife of Subash Chandrabose aged about 29 years before this Court and set her at liberty. For Petitioner :Mr.S.Muthumalairaja For Respondents :Mr.S.Ravi Standing Counsel for Government

O R D E R

(Order of the Court was made by J.NISHA BANU, J.) Alleging that the petitioner's wife, by name Manimekalai, aged about 29 years, is found missing from 16.01.2018, the petitioner has preferred a complaint before the 2nd respondent Police. Since no action has been taken by the 2nd respondent to secure the detene, the present Habeas Corpus Petition has been filed.

2. Today, the 2nd respondent has police produced the detenue before this Court and no enquiry, she stated that due to matrimonial dispute, she left the matrimonial house on her own, and she is working at Tiruppur and she is not illegally detained by anybody and she is not willing to go with the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.725 of 2021

3. Considering the above said submissions that the detenue is not in illegal custody of any one, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (Cs-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk 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 Superintendent of Police, Korampallam, Thoothukudi.

2. The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

H.C.P.(MD) No.725 of 2021 DATED : 25.08.2021 ES(CO) KB(08.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2