Selvaraj v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Selvaraj
...Petitioner/husband of the detenue
-vsThe State, represented by 1.The Commissioner of Police, Trichy City, Trichy.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Inspector of Polie, Srirangam Police Station, Srirangam, Trichy District.
4.The Inspector of Police, Aamathur Police Station, Aamathur, Virudhunagar District.
...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 persons or bodies of the detenues by names, Kothainayaki, wife of Selvaraj, aged about 35 years old, Sri, son of Selvaraj aged about 12 years old, Divakar, son of Selvaraj, aged about 8 years old and Harshitha, daughter of Selvaraj, aged about 5 years old before this Court and handover their custody to the Petitioner.
For Petitioner :
Mr.P.Santhanakrishnan For Respondents :
Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed seeking direction to the respondents to produce the persons or bodies of the detenues by name, Kothainayaki, wife of Selvaraj, aged about 35 years old, Sri, son of Selvaraj, aged about 12 years old, Divakar, 1/3
son of Selvaraj, aged about 8 years old and Harshitha, daughter of Selvaraj, aged about 5 years old, before this Court and hand-over their custody to the Petitioner.
2.It is the case of the Petitioner that the detenues are wife and children respectively of the Petitioner and they are found missing from 10.09.2020 and despite a complaint, no action was taken by the respondents Police.
3.When the matter is taken up for hearing today, all the detenues appeared through video-conferencing and the first detenue namely, Kothainayaki, wife of the Petitioner would state that due to physical and mental harassment by the Petitioner, they have left the matrimonial home and they are living separately at Trichy. She also refused to join with the Petitioner.
4.In the light of the above statement made by the first detenue/wife of the Petitioner, no further adjudication is required in this Habeas Corpus Petition and accordingly, the same stands dismissed.
Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn 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 Commissioner of Police, Trichy City, Trichy.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
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3.The Inspector of Polie, Srirangam Police Station, Srirangam, Trichy District.
4.The Inspector of Police, Aamathur Police Station, Aamathur, Virudhunagar District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
08.10.2020 AC(CO) KB(16.10.2020) 3P 6C 3/3