Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kannan ... Petitioner -vs1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Kallaperambur Police Station, Thanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the person or body of the detenu namely Chitradevi, W/o.Kannan, who is the wife of the petitioner, aged about 25 years, before this Court and set her at liberty.

For Petitioner :Mr.T.Indrachithu For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the husband of the detenu seeking to produce the alleged detenu namely Chitradevi, W/o.Kannan, who is the wife of the petitioner, aged about 25 years, before this Court and set her at liberty.

2. The case of the petitioner is that he got married the detenu Chitradevi, six years ago and that out of the wedlock, they have no children and thereby his wife was mentally disturbed. While so, on 21.06.2024 she left the home and thereafter, she was found missing. On a complaint, a case in Cr.No. 129 of 2024, dated 22.06.2024 has been registered under 'Woman Missing'. Since no action was taken, the present habeas corpus petition has been filed.

3. The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that based on the complaint given by the petitioner, a case in Cr.No.129 of 2024 has been registered under 'Woman Missing'. During the course of investigation, the alleged detenu was traced at Velankanni and she has stated that due to harassment by her husband, she has left the matrimonial home on her own volition and she has not been illegally detained by any one.

4. We enquired the detenu. She stated that due to harassment by her husband she voluntarily left the matrimonial home and now she is ready to go along with her husband and she is not illegally detained by any one.

5. In view of the above, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 01.07.2024 Index : Yes / No Internet : Yes / No am

To:

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

2.The Inspector of Police, Kallaperambur Police Station, Thanjavur District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 01.07.2024