Palaniappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.899 of 2017 Palaniappan : Petitioner Vs.

State rep. by 1.The Superintendent of Police, Office of Superintendent of Police, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

3.Alagappan : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, directing the 1st and 2nd Respondents to produce petitioner's wife namely, Premalatha, aged 21 years, before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.A.Joel Paul Antony For Respondents 1 & 2 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, claiming himself the husband of the detenue, seeks production of her before this Court. According to the petitioner, the detenue has been abducted by the third respondent.

2.The learned Additional Public Prosecutor on instructions submitted that based on the complaint of the petitioner, the respondent police have enquired into the matter and the detenue has appeared before the respondent police and stated that the https://hcservices.ecourts.gov.in/hcservices/

marriage between her and the petitioner was performed by a Prohit and subsequently, she did not want to live with the petitioner for some personal reasons and accordingly, she left the petitioner. The learned Additional Public Prosecutor produced the statement of the detenue for our perusal.

3.Thus, we find that it is not a case of illegal detention but a case of voluntary separation. Therefore, if the petitioner is aggrieved, it is open for the petitioner to approach appropriate Court for remedy.

4.This Habeas Corpus Petition is dismissed with the above observation.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of Superintendent of Police, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

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

+1 cc to Mr.A.Joel Paul Antony , Advocate in SR.No. 61072 Is/sj AE/SKN RSK/SAR1/30.06.2017/2P/5C H.C.P(MD)No.899 of 2017 20.06.2017 https://hcservices.ecourts.gov.in/hcservices/