G. Balamurugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Third day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice T.RAJA and The Hon`ble Mr.Justice KRISHNAN RAMASAMY HCP(MD) No.1363 of 2018 G. BALAMURUGAN ... PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE THENI DISTRICT.

2 THE INSPECTOR OF POLICE KADAMALAIGUNDU POLICE STATION, THENI DISTRICT. 3 MADAVARAJ 4 MADHESWARI ... RESPONDENTS Habeas Corpus petition filed under Article 226 of the Constitution of India, praying that in the circumstances stated therein, and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Habeas Corpus directing the respondents to produce the body or person of the detenue, the petitioner's wife namely, Padmavathi W/o. G.Balamurugan, aged about 27 years and the petitioner's son namely Mahesh Kannan aged about 3 years from illetal custody of the 3rd and 4th respondents and produce them before this Court and set them at liberty.

ORDER:

This Habeas Corpus Petition coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof upon hearing the arguments of Mr.K.Manavalan, Advocate for the petitioner, and of Mr.S.Chndrasekaran, Advocate for the Respondents 1 and 2, and of Mr.S.Sathishkumar, Advocate for the Respondents 3 and 4, the Court made following order:- [Order of the Court was made by T.RAJA,J.] As per the direction of this Court, dated 01.10.2018, the parties have appeared before the Mediation and Conciliation Centre attached to this Bench today and the mediators after several meetings finally settled the matter amicably and in the result, the petitioner and the detenue have agreed to live together with the following conditions:

"(a) That the petitioner will take back the Detenue who is https://hcservices.ecourts.gov.in/hcservices/

the wife and the minor son Mahesh Kannan.

(b) That they shall take a new house at Kovilpalayam and would start their life there under supervision of the parents of the Detenue.

(c) That the Detenue agrees that she will not move out of the Village without the previous consent of the Petitioner and her parents.

(d) The Detenue will not make unnecessary calls to third parties out of the family.

(e) The Petitioner shall take care of the needs of the Detenue and the minor son and shall admit the son to a school.

(f) The 3rd Respondent shall not interfere into the family of the Detenue and shall not have any contacts with her. (g) The 4th Respondent has no involvement in the affairs of the Detenue and that in future also she will not interfere in any affairs of the Detenue involving 3rd Respondent." 2.The above settlement reached between the petitioner, the detenue, the father of the detenue, the third respondent and the fourth respondent is recorded. In view of the same, no further order is necessary in this Habeas Corpus Petition. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS III) TO 1 THE SUPERINTENDENT OF POLICE, THENI DISTRICT. 2 THE INSPECTOR OF POLICE KADAMALAIGUNDU POLICE STATION, THENI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER DATED :03/10/2018

ORDER

HCP(MD) No.1363 of 2018 DS/RSK /SAR-III (11.02.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/