Madras High CourtHCP(MD)/1142/2018dismissed

Karuppasamy v. The Superintendent Of Police

2018-08-03Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED H.C.P.[MD].No.1142 of 2018 Karuppasamy : Petitioner Vs.

1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, All Women Police Station, Kovilpatti, Tuticorin District.

3.Senbagarajan : Respondents PRAYER: Petition is 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 detenu, namely, Kanishka, D/o.Karuppasamy, aged about 3 years and the detenu, the petitioner's wife, namely, Rajeshwari, W/o.Karuppasamy, aged about 25 years, before this Court from the illegal custody of the third respondent and set them at liberty.

For Petitioner : Mr.PR.Boomeerajan For Respondents 1 & 2 : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by C.T.SELVAM, J.] The present Habeas Corpus Petition has been filed seeking production of the detenu, namely, Kanishka, D/o.Karuppasamy, aged about 3 years and the petitioner's wife, namely, Rajeshwari, W/o.Karuppasamy, aged about 25 years, before this Court from the illegal custody of the third respondent and set them at liberty.

2. Mr.K.Dinesh Babu, learned Additional Public Prosecutor, has brought to the notice of this Court that owing to matrimonial discord, the detenu, the wife of the petitioner, had left the matrimonial home and taken up residence with the third respondent, the father of the detenu.

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3. In the said circumstances, this Court considers it appropriate not to entertain the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition shall stand dismissed. Sd/- Assistant Registrar (CS I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, All Women Police Station, Kovilpatti, Tuticorin District.

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

+1CC TO MR. PR. BOOMIRAJAN,ADVOCATE SR 77220 ORDER MADE IN H.C.P.[MD].No.1142 of 2018 03.08.2018 nb JM/SKN RSK/SAR 3/20.08.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/