S.Balakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED H.C.P(MD)No.918 and 920 of 2018 H.C.P(MD)No.918 of 2018:

S.Balakrishnan : Petitioner Vs.

1.The Inspector of Police, Valliyur Police Station, Tirunelveli District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Palayankottai, Tirunelveli.

3.P.Ananth : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's wife,namely, N.Vijila, D/o.Natarajan Nadar, aged about 24 years, before this Court and set her at liberty.

For Petitioner : Mr.P.Subbiah For Respondents : Mr.K.Dinesh Babu, 1 and 2 Additional Public Prosecutor.

H.C.P(MD)No.920 of 2018:

N.Annapackiam : Petitioner Vs.

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

2.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

: Respondents (Crime No.280/2018) PRAYER: Petition is 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 daughter of the petitioner, namely, Vijila, aged about 25 years, D/o.N.Annapackaiam or her body, before this Court and set her at liberty.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.K.Dinesh Babu, 1 and 2 Additional Public Prosecutor.

For Detenu : Mr.R.Pon Karthikeyan COMMON O R D E R [Common Order of the Court was made by C.T.SELVAM, J.] Seeking production of the detenu, namely, Vijila, W/o.Balakrishnan, her husband moved H.C.P(MD)No.918 of 2018 and her mother filed H.C.P(MD)No.920 of 2018.

2.The detenu is present before this Court today. Her mother is also present. In our interaction with the detenu, she has informed that she had left the matrimonial home, owing to harassment at the hands of her husband. Therefore, she had left the matrimonial home and had gone over to Kerala and is working in a factory there. She informs that her mother had contacted her over phone and informs of having filed the Habeas Corpus Petition and hence, she had returned to the parental home and had been accompanied to this Court today, by her mother.

3.The learned counsel appearing for the petitioner in H.C.P (MD)No.918 of 2018, namely, husband, would have a different story to tell, which clearly would not now concern us. 4.According to the detenu, a phone call has been made by the respondent police to the owner of the factory, where she worked. 5.The learned Additional Public Prosecutor appearing for the respondent police submits that the detenu has come on her own and no phone call, as informed by her, was made by the respondent police. 6.In fact, no clear picture emerges as to how the mother came to know about the whereabouts of the detenu.

7.For the present, we find that the detenu is well and she intends to accompany her mother to the parental home. The mother is also agreeable.

8.Recording the above position, these Habeas Habeas Corpus Petitions shall stand closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar

To 1.The Inspector of Police, Valliyur Police Station, Tirunelveli District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Palayankottai, Tirunelveli.

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

+1CC to Mr.S.Balamurugan Advocate in SR.No.70742. +1CC to Mr.P.Subbaiah Advocate in SR.No.70737. SMN DS/SV/SAR-1 :19.07.2018: 3P/6C COMMON ORDER MADE IN H.C.P(MD)Nos.918 and 920 of 2018 02.07.2018