Gunasekaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA Gunasekaran ... Petitioner Vs.

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

2.The Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.

3.Karuppasamy 4.Ramani Bai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of the petitioner's wife namely, Visalatchi, D/o.Karuppasamy, aged about 20 years, daughter of respondents 3 and 4 before this Court and set her at liberty.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.Ravi, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking to direct the respondents to produce the petitioner's wife, namely, Visalatchi, aged about 20 years, before this Court and set her at liberty.

2. The case of the petitioner is that he fell in love with daughter of the respondents 3 and 4 and that he got married her on 12.04.2022. It is the further contention that she is in illegal custody of the

respondents 3 and 4 and that the police are not taking effective steps to secure her. Hence, the petitioner has filed the present Habeas Corpus Petition with the above prayer.

3. The learned counsel for the petitioner placed some photographs in support of their marriage. The learned counsel for the petitioner submitted that earlier the petitioner filed W.P.(MD) No.7153 of 2022 for police protection, in which, the learned Single Judge of this Court had passed the following order on 25.04.2022 :- "4.In view of the above, the petitioner and the daughter of the respondents 4 and 5 are directed to appear before the second respondent and produce the age proof and marriage proof and on production of the age proof and marriage proof, the second respondent is directed to provide adequate police protection to their life and limb at the hands of the respondents 4 and 5. 5.With the above direction, this Writ Petition is disposed of."

4. However, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, petition enquiry in Aruppukottai Town Police Station CSR.No.270 of 2022, was conducted by the Inspector of Police, Aruppukottai Town Police Station, in which, the petitioner and the daughter of the respondents 3 and 4 appeared before the Police on 28.08.2022 and she stated that she wants to be with her parents.

5. We find that the petitioner has not placed satisfactory materials before us to say that he is the husband of Visalatchi, for the issuance of a Writ of Habeas Corpus.

6. Hence, this habeas corpus petition is dismissed. [P.N.P., J.] [R.H., J.] 01.09.2022 Index : Yes / No Internet : Yes / No rm

Copy to

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

2.The Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.

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

P.N.PRAKASH , J.

and R.HEMALATHA, J.

rm 01.09.2022