C.Sivakumar @ Babu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1115 of 2022 C.Sivakumar @ Babu .. Petitioner Vs.

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

2.The Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

3.T.Ambika 4.Kalimuthu .. Respondents 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 the person of the petitioner's wife namely Siva Vadhanam, D/o.Thirumalairajan, aged about 39 years before this Court and to set her at liberty.

For Petitioner : Mr.P.R.Boomee Rajan For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that he got married to Siva Vadhanam on 09.06.2022 and on the next day i.e., on 10.06.2022, his wife went missing. It is the further allegation of the petitioner that the fourth respondent had abducted his wife and that the police are not taking effective steps to secure her.

2. Today, Mr.Kannan [Mobile No.8300004948], Special SubInspector of Police, Alagappa Puram Police Station, Sivagangai, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on the compliant given by the petitioner, a petition enquiry in Alagappa Puram Police Station C.S.R.No.163 of 2022 was registered and during the course of enquiry, it came to light that the petitioner's wife Siva Vadhanam had developed intimacy with the fourth respondent, eloped with him and

thereafter, given a complaint to the Inspector of Police, All Women Police Station, Thallakulam, through helpline, in which an enquiry was conducted and the statement of the petitioner's wife has been recorded by the Thallakulam Police Station. A copy of the statement was furnished to the learned counsel for the petitioner across the Bar.

4. In view of the above, it cannot be stated that the petitioner's wife is in the illegal custody of the fourth respondent for issuance of a writ of Habeas Corpus. Hence, this Habeas Corpus Petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. (P.N.P.,J.) (R.H.,J.) 08.07.2022 Index : Yes/No Internet : Yes vsm

P.N.PRAKASH,J.

and R.HEMALATHA,J.

vsm To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.1115 of 2022 08.07.2022