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Madras High CourtHCP(MD)/1547/2021dismissed

J.Robin Jebaraj v. The Superintendent Of Police

2021-10-20Honourable Mr Justice V. Bharathidasan,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD).No.1547 of 2021 J.Robin Jebaraj ... Petitioner/Husband of the detenu -vs1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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

3.The Inspector of Police, Sawyerpuram Police Station, Sawyerpuram, Thoothukudi District.

4.The Inspector of Police, All Women Police Station, Thiruvarur, Thiruvarur District.

5.Ezhilrani ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the detenu or body of the detenu ie., the petitioner's wife namely R.Anushya, aged about 27 years, D/o.M.Rathinakumar, W/o.J.Robin Jebaraj, before this Court and to set her at liberty forthwith.

For Petitioner :

Mr.N.Pragalathan For R-1 to R-4 : Mr.S.Ravi, Additional Public Prosecutor For R-5 : Mr.S.Ramesh Kumar 1/3

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's wife by name R.Anushya, D/o.M.Rathinakumar, aged about 27 years, was abducted and illegally detained by the fifth respondent, the petitioner has given a complaint before the second respondent police. But, so far no action has been taken by the second respondent police to secure the detenue. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor, on instructions would submit that the complaint given by the petitioner was given C.S.R.No.1683 of of 2021 and would submit that the detenu has been secured and produced before this Court.

3. The detenue and the petitioners are present before this Court. On enquiry, the detenue has stated that she was forcibly taken by the petitioner against her wish and now, she is not willing to go with him and willing to go with her mother and she is not illegally detained by her mother.

4. The statement made by the detenue is recorded. Considering the fact that the detenue is not illegally detained as alleged by the petitioner, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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, Thoothukudi.

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

2/3

3.The Inspector of Police, Sawyerpuram Police Station, Sawyerpuram, Thoothukudi District.

4.The Inspector of Police, All Women Police Station, Thiruvarur, Thiruvarur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.1547 of 2021 20.10.2021 RD/PM(09.11.2021) 3P 6C 3/3