Senthamaraikannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.05.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Senthamaraikannan ... Petitioner -vs1. The Superintendent of Police, Madurai District,

2. The Inspector of Police, T.Kallupatti Police Station, Madurai District.

3.Bala ... Respondents PRAYER: Petition 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 the person or body of the detenue by name Senbagapriya, wife of Senthamaraikannan and daughter of Seenivasan, aged about 25 years, before this Court and set her at liberty.

For Petitioner :

Mr.M.Karthikeya Venkitachalapathy For Respondents :

Mr.K.K.Ramakrishnan 1 and 2 Additional Public Prosecutor For Respondent 3: Mr.S.Poornachandran

O R D E R

[Order of the Court was made by M.S.RAMESH, J.] The petitioner is aggrieved since the whereabouts of his wife, namely, Senbagapriya was not known.

2.In the affidavit filed in support of this Habeas Corpus Petition, he would state that his family members apprehend that 1/3

the third respondent herein may be the cause for the disappearance of the petitioner's wife .

3.Today, when the matter was called, the detenue, namely, Senbagapriya, wife of Senthamaraikannan is produced before this Court by the second respondent police through video conferencing. On enquiry, she deposed that she was separated from her husband owing to some indifference and that she does not intend to go and live with her husband/petitioner herein. It is her further statement that she intends to live with her parents. It is also her statement that the third respondent herein has no connection with her disappearance and that she had voluntarily left owing to the indifference she had with her husband.

4.In view of such statements, it cannot be said that the wife of the petitioner was in illegal detention. Accordingly, this Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar/ Vacation Officer (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) MRN/SRM 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, Madurai District,

2. The Inspector of Police, T.Kallupatti Police Station, Madurai District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.M.KARTHIKEYA VENKITACHALAPATHY, Advocate ( SR-18489 [F] dated 06/05/2021 ) 06.05.2021 VB(02/06/2021) 3P / 5C 3/3