R.Devi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.660 of 2025 R.Devi ... Petitioner/ Wife of the detenu -Vs1.The State of Tamil Nadu rep. by the Superintendent of Police, Ramanathapuram District, Ramanathapuram Police Head Quarters, Ramanathapuram.
2.The Inspector of Police, Ervadi Dharga Police Station, Ramanathapuram District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the detenu the petitioner's husband namely Raja, S/o.Madasami, aged 33 years, before this Court and to set him at liberty. For Petitioner : Mr.P.Manokaran For R1 & R2 : Mr.B.Nambi Selvan Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking for a direction to direct the respondents to produce the body or person of the detenu / petitioner's husband namely, Raja, S/o.Madasami, aged 33 years, before this Court and to set him at liberty.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.
3. Alleging that the petitioner's husband Raja, aged about 33 years was missing from 16.04.2025, she had given a complaint to the second respondent on 22.04.2025, the second respondent has registered a case in CSR No.96/2025, and that no action has been taken by the second respondent to secure the detenu, the present habeas corpus petition has been filed.
4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the petitioner was married the alleged detenu 11 years ago and they got two children and they were living at Kerala. While they were living at Kerala, the
petitioner's husband had developed illicit intimacy with one Nisha and he had eloped with the said Nisha. One Santhosh, who is the husband of the Nisha also gave a complaint before the Kunnikode police station, Kerala District and in respect of which, a case in Cr.No.582 of 2025 has been registered on 16.04.2025. He would further submit that the petitioner's husband had developed illicit intimacy with one Nisha and he eloped with him and he is not under the illegal custody of anybody.
5. Recording the submission of the learned Additional Public Prosecutor, this habeas corpus petition is closed. [A.D.J.C., J.] & [R.P., J.] 18.06.2025 NCC:Yes/No Index:Yes/No am
To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram Police Head Quarters, Ramanathapuram.
2.The Inspector of Police, Ervadi Dharga Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
am H.C.P(MD)No.660 of 2025 18.06.2025