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Madras High CourtHCP(MD)/1257/2018closed

Arockia Richard v. The Superintendent Of Police

2018-12-10Honourable Mr Justice R.Subbiah,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.1257 of 2018 Arockia Richard : Petitioner Vs.

1. The Superintendent of Police, Pudukottai District.

2. The Deputy Superintendent of Police, Kottaipattinam Division, Pudukottai District.

3. The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

4. Anthony : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 to 3 to produce the body or person of the detenu namely Arockia Pushpa Lia, W/o.Arockia Richard, D/o.Antony, aged about 24 years, produce her before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.D.Venkatesh For R1 to R3 : Mr.K.Dinesh Babu Additional Public Prosecutor For R4 : Mr.T.Antony Arul Raj

ORDER

[Order of the Court was made by R.SUBBIAH, J] This Habeas Corpus Petition has been filed by the petitioner to produce his wife namely, Arockia Pushpa Lia, W/o.Arockia Richard, aged about 24 years.

2.The petitioner is the husband of the detenu. The marriage between the petitioner and the detenu was solemnized on 23.06.2016. Due to wedlock, the detenu delivered a male child. The name of the said child is Riyan Relesan, who is now aged 1 1⁄2 years. In the https://hcservices.ecourts.gov.in/hcservices/

meanwhile, the petitioner went to Singapore for job. In the first week of March, 2018, the petitioner received the telephonic message that his wife went to her parents house due to the quarrel with his mother. Immediately, the petitioner returned to India and went to the detenu's village and asked the fourth respondent to send back the petitioner's wife and his son along with him. At this juncture, he was informed that the whereabouts of the petitioner's wife and son are not known. Therefore, he made a complaint before the respondent police. Thereafter, the present Hebeas Corpus Petition has been filed by the husband of the detenu.

3. When the matter is taken up today, the detenu has been produced by the respondent police. On enquiry, the detenu has stated that on her own volition, she left the home and resided in a nearby village. Now, she expressed her willingness to go along with the petitioner herein and the petitioner also stated that he will take care of the detenu.

4. Since the detenu expressed her willingness to go along with the petitioner herein, there is no need for further adjudication in this matter. Accordingly, this petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police, Pudukottai District.

2. The Deputy Superintendent of Police, Kottaipattinam Division, Pudukottai District.

3. The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

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

+1cc to M/s.T.Antony Arulraj, Advocate Sr.No.99569 AM KM/BK/SAR4/08.01.2019/2P/6C Order made in H.C.P.(MD)No.1257 of 2018 Dated: 10.12.2018 https://hcservices.ecourts.gov.in/hcservices/