S.Ramesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.810 of 2017 S.Ramesh : Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The State Rep. by The Sub-Inspector of Police, Suchindram Police Station, Kanyakumari District.

3.Ganesan : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, directing the respondents 1 and 2 to secure and produce the petitioner's wife R.Ajitha W/o Suyampu, Female aged about 34 years or his corpus originally resided at Panikkan Kudiyiruppu Village, Thengampudur Post, Kanyamumari District from the illegal detention by the 3rd respondent before this Hon'ble Court and subsequently she be set to be at liberty forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents 1 & 2 : Mr.T.Mohan Additional Public Prosecutor For Respondent 3 : No appearance

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] This petitioner is the husband of the detenue and out of the wedlock they have two daughters, who are presently aged about 9 and 7 years old respectively. The petitioner is working abroad and used to come to his native village during holidays. Stating that the whereabouts of the detenue is not known and having reliably come to know that she has eloped with the third respondent, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has filed this Habeas Corpus Petition.

2.The respondent police have secured and produced the detenue before us. She admits that she eloped with the 3rd respondent, who is also a married person having two children.

3.We spoke to the petitioner and asked him as to whether he is willing to take back her considering the fate of the two children. He expressed certain reasons, which We do not want to record in the order. He is not inclined to take back the detenue. He would further state that he filed this petition just to know whether the detenue is available and nothing more.

4.In the light of the above, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Sub-Inspector of Police, Suchindram Police Station, Kanyakumari District.

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

+ 1 CC TO Mr.S.PALANI VELAYUTHAM, ADVOCATE IN SR No. 60297 LS/SJ TE/MR/SAR-III : 29/06/2017 : 2P/5C H.C.P(MD)No.810 of 2017 14.06.2017 https://hcservices.ecourts.gov.in/hcservices/