Muneeswaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.514 of 2023 Muneeswaran .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District 2.The Inspector of Police, All Women Police Station Aruppukottai Virudhunagar District 3.The Inspector of Police, Kariyapatti Police Station, Virudhunagar District 4.Senthilkumaran .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents 1 to 3 to produce person or body of the petitioner's wife namely Baby Pooja D/o.Senthilkumaran, aged about 22 years before this Court and set her at liberty.

For Petitioner : Mr.S.Ayyanar Premkumar For Respondents : Mr.RMS.Sethuraman for R1 to R3 Additional Public Prosecutor Mr.M.Prabhakaran for R4

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed for a direction to the respondents 1 to 3 to produce person or body of the petitioner's wife namely Baby Pooja D/o.Senthilkumaran, aged about 22 years before this Court and set her at liberty.

2.The detenue had been produced by the respondent police, who would submit that though she fell in love with the petitioner, no marriage has been solemnized between them and she is not even willing to marry the petitioner and now, she wants to go with her parents, as she claimed to have continuously living with her parents and never had gone with the petitioner. When specifically asked regarding the marriage invitation, which is filed in

the typed set of documents, the detenue stated that no such marriage had taken place and she never went on 11.11.2021, the date mentioned, in the said marriage invitation.

3. Recording the said statement made by the detenue, we feel that the detenue is not in the illegal custody of any one and she is with her father and since no marriage has been taken place between the detenue and the petitioner, on her willingness, wants to be with the fourth respondent, who is the father as well as family member of the detenue. We also permit her to go with her father and to stay with him as per her willingness. Accordingly, this petition is closed.

(R.S.K.,J.) (K.K.R.K.,J.) 27.04.2023 Index : Yes/No Internet : Yes RR

To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District 2.The Inspector of Police, All Women Police Station Aruppukottai Virudhunagar District 3.The Inspector of Police, Kariyapatti Police Station, Virudhunagar District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR HCP.(MD)No.514 of 2023 27.04.2023