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Madras High CourtHCP(MD)/991/2021closed

Bysuldeen v. The Superintendant Of Police

2021-07-19Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.991 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.991 of 2021 Bysuldeen ... Petitioner/ Husband of the detenu -vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, All Women Police Station, Sivagangai, Sivagangai District.

3. Thavamani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the second respondent to produce the body or person of the petitioner's wife namely Hemalatha, D/o. Thavamani, aged about 22 years, before this Court and set her at liberty.

For Petitioner :

Mr.K.Sathish Kumar For R1 and R2 :

Mr.S.Ravi Standing counsel for the Government

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The present habeas corpus petition has been filed for a direction to the second respondent to produce the petitioner's wife viz., Hemalatha, D/o. Thavamani, aged about 22 years, before this Court and set her at liberty.

2. The second respondent produced the detenu and she appeared from the Public Prosecutor office through video conferencing. On enquiry, she would state that she is not willing to go with the petitioner and she wants to go with her parents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.991 of 2021

3. The petitioner also was present and he has stated that he married the detenu, subsequently, she was separated by her parents.

4. In the light of the statement made by the detenu, the Habeas Corpus Petition is closed, granting liberty to the petitioner to work out his remedy before the competent civil Court. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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, Sivagangai District, Sivagangai.

2. The Inspector of Police, All Women Police Station, Sivagangai, Sivagangai District.

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

+1 CC to M/s.K,SATHISH KUMAR,Advocate (SR-23584[F] dated 22/07/2021) H.C.P.(MD) No.991 of 2021 19.07.2021 RC (30.07.2021)2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2