Varatharajan v. The Superintendent Of Police

H.C.P[MD]No.880 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P[MD]No.880 of 2021 Varatharajan : Petitioner Vs.

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

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

3.Marimuthu : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the detenu by name Lakshmi, W/o.Varatharajan, female, aged 23 years who have been illegally detained by the third respondent before this Court and set her at liberty.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents 1&2 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.D.S.Haroon Rasheed, learned Counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Additional Public Prosecutor, appearing for the respondents 1 & 2. 2.The petitioner has filed this Habeas Corpus Petition to produce the detenu, who is his wife. The detenu has been secured by the respondent police and produced before us through video conference.

3.The learned Additional Public Prosecutor, on instructions from the respondent police submitted that the detenu had eloped along with the third respondent and now she is in the family way. 4.The third respondent also appeared before us through video conference and it appears that from the discussion we had, the detenu wants to go along with the third respondent. In the light of https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P[MD]No.880 of 2021 the same, we find that there is no illegal detention. 5.Accordingly, the Habeas Corpus Petition is closed, giving liberty to the petitioner to work out his rights before the concerned Family Court. However, there shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

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

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

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

ORDER MADE IN H.C.P.[MD]No.880 of 2021 27.04.2021 GS (20.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2