G. Palanisamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD)No.1237 of 2018 G.Palanisamy : Petitioner Vs.

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

2. The Inspector of Police, Aaviyur Police Station, Virudhunagar District.

3. Palpandi : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the body or person of the petitioner's wife, Kanmani, aged about 23 years, daughter of Palpandi, before this Court from the illegal custody of the 3rd respondent and his henchmen and set her at liberty.

For Petitioner : Mr.A.Prasanna Rajadurai For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.1 & R.2 *****

ORDER

********** [Order of the Court was made by M.M.SUNDRESH, J.] Claiming to be the husband of the detenue, namely, Kanmani, the present Habeas Corpus Petition has been filed by the petitioner.

2. The detenue is present before us today. We asked the detenue on the factum of marriage, coupled with her desire to go with the petitioner. While denying the factum of the marriage, the detenue has told us in clear terms that she is not willing to go with the petitioner. Even we repeat the question in the presence of both the https://hcservices.ecourts.gov.in/hcservices/

petitioner and the detenue, she struck to her stand. Thereafter, we asked the petitioner to leave and once again repeated the question. The answer is the same. Thus, we came to the conclusion that the detenue is very clear and firm in her view.

3. Though the learned Counsel for the petitioner submitted that the detenue and the petitioner may be permitted to talk to each other, as the detenue has declined to talk to him, we are not inclined to undertook the said exercise.

4. We do not see any no illegal custody or detention involved and hence, we are setting the detenue at liberty. This Habeas Corpus Petition is closed accordingly.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-I) To

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

2. The Inspector of Police, Aaviyur Police Station, Virudhunagar District.

+ 1 CC TO Mr.M.VAIKKAM KARUNANITHI, ADVOCATE IN SR No. 82182 GK TE/RSK/SAR-1 : 24/09/2018 : 2P/4C H.C.P.(MD)No.1237 of 2018 03.09.2018 https://hcservices.ecourts.gov.in/hcservices/