S.Janakiraman v. The Superintendent Of Police

H.C.P.(MD) No.948 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.948 of 2021 S.Janakiraman ... Petitioner/Husband of the detenue -vs1.The Superintendent of Police, Office of the District Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Mandala Manikkam Police Station, Ramanathapuram District.

(Crime No.74 of 2021) ... 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 person or body of the Petitioner's wife/detenue by namely, Thilagavathi, aged about 28 years before this Court and set her at liberty.

For Petitioner :

Mr.K.Manoharan For Respondents :

Mr.S.Ravi Standing Counsel for the State

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the Habeas Corpus Petition is to direct the respondents 1 and 2 to produce the Petitioner's wife/detenue namely, Thilagavathi, aged about 28 years before this Court and set her at liberty.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The Petitioner is the husband of the detenue Thilagavathi. It is his case that the marriage between them was solemnized on 13.11.2015 and his wife was found missing from 23.5.2021.

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H.C.P.(MD) No.948 of 2021 4.The detenue was secured and produced by the second respondent Police and she appeared along with her mother from the Public Prosecutor's Office through video-conferencing. On enquiry, she would state that she is not interested in living with her husband and hence, she left the matrimonial home and now she wants to reside with her mother.

5.In the light of the above statement made by the detenue, this Habeas Corpus petition is closed, giving liberty to the Petitioner to work out his remedy before the Competent Civil Court, in the manner known to law, if so advised.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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, Office of the District Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Mandala Manikkam Police Station, Ramanathapuram District.

(Crime No.74 of 2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.MANOHARAN, Advocate ( SR-21918[F] dated 09/07/2021 ) H.C.P.(MD) No.948 of 2021 08.07.2021 LS(CO) RK (15.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2