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Madras High CourtHCP(MD)/955/2020closed

Ramachandran v. The Superintendent Of Police

2020-12-02Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.955 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.955 of 2020 Ramachandran ... Petitioner/Husband of the detenue -vs1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

3. Ponmalar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent to produce the person or body of the detenue namely Anna Lakshmi, wife of Ramachandran, daughter of Senthur Pandian, aged 25 years from the illegal custody of the third respondent before this Court and set her at liberty.

For Petitioner :

Mr.R.Balakrishnan For Respondents :

Mr.K.Dinesh Babu 1 and 2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed seeking direction to the second respondent to produce the Petitioner's wife namely, Annalakshmi, aged about 25 years from the illegal custody of the third respondent before this Court and set her at liberty.

2.The Petitioner is the husband of the detenue. According to the Petitioner, the marriage between them was performed in the year 2014 and they are blessed with a female child namely, Harshika. He would further state that he is doing business at Coimbatore and that he came back to his native place in February 2020 to attend his mother, who has sustained fracture in his leg, but his wife https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.955 of 2020 wanted to go to her parents house and thereafter, she has been kept in illegal detention by the third respondent. 3.When the matter is taken up for hearing today, the Petitioner and the detenue along with her mother appeared before this Court through video-conferencing from the Additional Public Prosecutor's Office. After repeated request from the Petitioner, the detenue is not willing to go with him. She also stated that she is not in illegal custody of her elder sister, the third respondent herein and she is now living with her mother at Thiruchendur. 4.In the light of the above statement made by the detenue, this Habeas Corpus Petition is closed, granting liberty to the Petitioner to approach the concerned Civil Court for appropriate remedy.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn 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. To:

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

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

ORDER MADE IN H.C.P.(MD) No.955 of 2020 02.12.2020 SSS(CO) CS(10.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2