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Madras High CourtHCP(MD)/1180/2020dismissed

Marimuthu v. The Superintendent Of Police

2021-01-06Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.1180 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1180 of 2020 Marimuthu ... Petitioner -vs1. The Superintendent of Police, Sivagangai District.

2. The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

3. Kathiresan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the detenu namely, Maheshwari, W/o Marimuthu, now aged about 21 years before this Court and set her at liberty.

For Petitioner :

Mr.D.Venkatesh For Respondents :

Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The Habeas Corpus Petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's wife namely, Maheswari, aged about 21 years before this Court and set her at liberty.

2.It is the case of the petitioner that on 03.06.2020 the detenue was married to the petitioner and she is found missing from 17.11.2020. Hence, a complaint was given to the second respondent on 19.11.2020 and the case was registered in Crime No.241 of 2020 under women missing. But the second respondent did not take any https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1180 of 2020 steps to find out the detenue and hence, the present habeas corpus petition.

3.When the matter is taken up for hearing today, the petitioner as well as the detenue appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, the detenue would state that she is willing to go with the petitioner and he has also accepted the same.

4.In the light of the above fact, we find no merit in the habeas corpus petition and hence, the same is dismissed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID19 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, Sivagangai District.

2. The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

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

H.C.P.(MD) No.1180 of 2020 06.01.2021 MK(CO) CS(20.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2