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Madras High CourtHCP(MD)/543/2023closed

Prakash v. The Superintendent Of Police

2023-05-17Honourable The Acting Chief Justice,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI H.C.P.(MD)No.543 of 2023 Prakash ... Petitioner / Husband of the Detenues Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.152 of 2023)

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's wife, namely, Abina, D/o.Ramar, aged about 20 years and the petitioner's daughter, namely, Rihana, D/o.Prakash, 1/4

aged about 11 months, the detenues herein before this Court and set them at liberty.

For Petitioner : Ms.K.Kavitha For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The petitioner, seeking production of his wife and daughter, namely, Abina, aged about 20 years and Rihana, aged about 11 months respectively, has filed this Habeas Corpus Petition. 2.When this Habeas Corpus Petition is taken up for hearing, the respondent Police has produced the detenues before this Court. 3.When we enquired the first detenue, she made a statement that in view of strained relationship only, she left the matrimonial home along with her child / second detenue and took shelter at her maternal aunt's home 2/4

in Thiruppur. She would further submit that she wants to go with her husband / petitioner herein.

4.The petitioner, namely, Prakash, is also present before this Court.

5.The statement made by the first detenue is hereby recorded. Accordingly, this Habeas Corpus Petition is closed by permitting the detenues to go with the petitioner.

(T.R., A.C.J.) & (L.V.G., J.) 17.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 3/4

T.RAJA, A.C.J.

AND L.VICTORIA GOWRI , J.

MYR To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

H.C.P.(MD)No.543 of 2023 17.05.2023 4/4