Sasi Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1058 of 2018 Sasi Kumar : Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Nallattinputhur Police Station, Thoothukudi District.

3. K.Ravichandran : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of the petitioner's wife - Keerthika , W/o.Sasi Kumar, aged 22 years before this Court and set her at liberty.

For Petitioner : Mr.V.Malaiyendran For Respondents 1&2 : Mr.K.Dinesh Babu Additional Public Prosecutor For Respondent No.3 : Mr.Muthiah

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner, who is stated to be the husband of the detenu, has filed the present Habeas Corpus Petition inter alia alleging that the detenu is in illegal custody of the third respondent, who is none other than her father.

2. Today, when the Habeas Corpus Petition is taken up for hearing, the petitioner, the detenu and the third respondent herein, along with his wife, are present in Court. When we enquired the detenu, she has expressly told us that she has, in fact, married the petitioner on 18.03.2018. Thereafter, forcibly, she was given in marriage to some other person, by name, Vijayakumar, on 21.05.2018. She has also told the Court that she wants to be with the petitioner.

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3. The mother of the detenu has informed that it is not correct to state that the detenu has married the petitioner earlier.

4. We do not propose to go into the said controversy. Suffice it to say that the detenu wants to be with the petitioner. In such view of the matter, we permit the detenu to go with the petitioner. Accordingly, she is set at liberty. The Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Nallattinputhur Police Station, Thoothukudi District.

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

+1CC to Mr.S.I.Muthiah, Advocate, SR.No. 77997 +1CC to Mr.V.Malaiyendran, Advocate, SR.No.77834 H.C.P.[MD].No.1058 of 2018 09.08.2018 NB ES/SKN/RSK/SAR 2/30.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/