T.Kumaravel v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI T.Kumaravel : Petitioner/Husband of detenuue -vs1. The Commissioner of Police Trichy City, Trichy District

2. The Assistant Commissioner of Police Cantonment, Trichy District

3. The Inspector of Police Edamalaipatti Pudur Police Station Trichy District 4.Abhishek Kumar 5.SelvaGanapathy 6.Vijayalakshmi 7.Anbu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 to 3 to produce the petitioner's wife, namely, Asha Mercy / detenu, aged about 26 years, either in person or body before this Court and thereupon set her at liberty from the illegal detention of the respondents No.4 to 7 respondent forthwith.

For Petitioner :

Mr.J.Jeyakumaran For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 to R3 1/3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 to 3 to produce his wife, namely, Asha Mercy, aged about 26 years, before this Court and set her at liberty.

2. It is represented by the learned Additional Public Prosecutor that the detenue was secured by the respondent Police on 01.10.2020 and after performing Covid Test, the custody of the detenue was handed over to her parents and thereafter, she was admitted in Covid Ward in the Government Hospital, Trichy, however, the detenue was found missing from 10.10.2020.

3. The learned counsel for the petitioner would submit that the detenue is having two minor children and when the marriage with the petitioner is in force, she has eloped with the fourth respondent.

4. Mrs.Jasi Rani, mother of the detenue, who appeared before this Court through Video Conferencing, would fairly submit that the detenue is a major and leaving her husband / petitioner herein, she has eloped with the fourth respondent.

5. The statement of the learned counsel for the petitioner and the mother of the detenue would show that the detenue is not under the illegal detention of the respondents 4 to 7 and on her own volition, she has eloped with the fourth respondent.

6. In view of the above facts, the habeas corpus petition is not maintainable and the same is dismissed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2020 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.

krk 2/3

To:

1. The Commissioner of Police, Trichy City, Trichy District.

2. The Assistant Commissioner of Police, Cantonment, Trichy District.

3. The Inspector of Police, Edamalaipatti Pudur Police Station, Trichy District.

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

09.11.2020 SGS(CO) CS(23.11.2020) 3P 5C 3/3