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Madras High CourtHCP(MD)/869/2023closed

James Xavier Ronson v. The Superintendent Of Police

2023-08-16Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.869 of 2023 James Xavier Ronson ... Petitioner / Husband of the Detenue Vs.

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

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

3.Pandaram .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the official respondents to produce

the person or body of the detenue, namely, Santhiya Subbulakshmi, D/o.Pandaram, aged about 27 years before this Court and set her at liberty. For Petitioner : Mr.K.K.Samy For R1 & R2 : Mr.RMS.Sethuraman, Additional Public Prosecutor For R3 : Mr.T.Lenin Kumar

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Through an earlier order dated 31.07.2023, the petitioner's wife, who was present before us, was granted liberty to live with the petitioner, in view of the marriage that had taken place between them and by taking note of the fact that both the petitioner and his wife are majors. In this regard, the following directions were issued:- "(a)Ms.Santhiya Subbulakshmi, D/o. Pandaram, aged about 26 years is forthwith secured and her custody is handed over to the petitioner herein and she shall be at liberty to live with the petitioner;

(b)The Inspector of Police, Madurai Bench of Madras High Court shall extend necessary protection to ensure that both the petitioner as well as Ms.Santhiya Subbulakshmi leave the territorial limits of the State of Tamil Nadu and thereafter, hand over their custody to the concerned jurisdictional Kerala Police; (c)The third respondent herein shall also ensure that no harm is caused to the life and liberty to none of the family members of the petitioner."

2.Pursuant to the aforesaid directions, the petitioner and his wife had also joined together and had reached their house within the territorial jurisdiction of Pookoottumpadam Police Station, Malappuram District, Kerala State with the assistance of the Inspector of Police, F1 High Court Police Station, Madurai City, who had also filed a report before this Court dated 16.08.2023, evidencing the safe travel of the petitioner and his wife to their house in Kerala State. The report also states that a copy of the order passed by this Court has also been handed over to the Inspector of Police, Pookoottumpadam Police Station, Malappuram District, Kerala State for further action.

3.In view of the same, no further orders are required in this petition and since the earlier order of this Court dated 31.07.2023 has been complied with, this Habeas Corpus Petition is closed. (M.S.R.,J.) & (M.N.K.,J.) 16.08.2023 NCC : Yes / No Index : Yes / No Yuva To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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

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

M.S.RAMESH, J.

AND M.NIRMAL KUMAR, J.

Yuva H.C.P.(MD)No.869 of 2023 16.08.2023