Madras High CourtHCP(MD)/866/2016dismissed

Andrani Sajin Priya, v. The Superintendent Of Police,

2016-10-17Honourable Mr Justice M. Govindaraj,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ H.C.P.(MD)No.866 of 2016 Andrani Sajin Priya : Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

3.Shiba Xaviar : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing or commanding the second respondent to produce the person or body of the detenu/petitioner's husband, namely Andrani Jenus, son of Francis, aged about 34 years before this Court and set him at liberty.

For Petitioner : Mr.R.Manimaran For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the wife of one Mr.Andrani Jenus, S/o.Francis, aged 34 years. According to the petitioner, the detenu was abducted by the third respondent. In this regard, a case has been registered in Crime No.85 of 2016, on 05.04.2016 for man missing. Since the detenu has not been secured, the petitioner has come up with this Habeas Corpus Petition.

2. The learned Additional Public Prosecutor, on instructions, would submit that it is not a case of abduction, but it is a case of elopement. It is stated that the detenu has eloped with the third respondent.

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3. From the submission made by the learned Additional Public Prosecutor, we are satisfied that there is no illegal detention and, therefore, no relief could be granted to the petitioner, except directing the police to expedite the investigation.

4. The Habeas Corpus Petition is dismissed with the above direction.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

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

Order made in H.C.P.(MD) No.866 of 2016 Dated: 17.10.2016 SML SH/SKS-RR:08.11.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/