A.Weston Suthakar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.500 of 2023 A.Weston Suthakar ... Petitioner / Husband & Father of the Detenue Vs.
1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Nazareth Police Station, Thoothukudi District.
3.G.Allwin Rajaselvan
...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 body or person of the detenues, namely, (1) Jeba Thangam, D/o.Peeter 1/5
Ponraj, aged about 37 years, (2) Minor Jebin, M/o.Jeba Thangam, aged about 13 years before this Court and set them at liberty. For Petitioner : Mr.C.Saravanakumar For R1 and R2 : Mr.RMS.Sethuraman, Additional Public Prosecutor
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of his wife and daughter, namely, Jeba Thangam, aged about 37 years, and minor Jebin, aged about 13 years, has filed this Habeas Corpus Petition. 2.It is the claim of the petitioner that the first detenue is the wife of the petitioner, the second detenue is the daughter of the first detenue and the detenues had been taken illegally by the 3rd respondent in whose custody these detenues are placed. That is the allegation made by the petitioner, based on which he filed this Habeas Corpus Petition. 3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor, who takes notice on behalf of the official 2/5
respondents, has placed a statement given by the first detenue herself dated 17.04.2023, where she has categorically stated that there has been no marriage taken place or solemnized between the first detenue and the petitioner and by taking some photographs with the detenues, the petitioner is threatening the detenues. She has further stated in the statement that she is independently residing along with her daughter and no one captive the detenues. This is the statement given by the first detenue before the respondent Police.
4.Relying upon this statement, the learned Additional Public Prosecutor for the official respondents seeks indulgence of this Court to dispose of this Habeas Corpus Petition.
5.We have considered the said submission made by the learned Additional Public Prosecutor for the official respondents and perused the materials available on record carefully.
6.In view of the said categorical statement given by the first detenue, as there has been no matrimonial relationship between the 3/5
petitioner and the first detenue, it is for the petitioner to establish the case before the appropriate forum. As there has been no illegal custody on the part of the detenues at the hands of anyone, including the 3rd respondent, we feel that this Habeas Corpus Petition, recording the aforestated, can be closed, accordingly, it is closed.
(R.S.K., J.) & (K.K.R.K, J.) 25.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Nazareth Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.SURESH KUMAR, J.
AND K.K.RAMAKRISHNAN, J.
MYR H.C.P.(MD)No.500 of 2023 25.04.2023 5/5