Kumar v. The Superintendent Of Police

H.C.P.(MD) No.1602 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.1602 of 2021 Kumar ... Petitioner/Husband of detenu Vs.

1.The Superintendent of Police, Madurai District.

2.The Sub Inspector of Police, Pudhur Police Station, Madurai.

3.Kannan Muniyandi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's wife namely Gayathri D/o.Kumar along with his 3 months old fetus, before this Court and set her at liberty. For Petitioner : Mr.M.S.Parthiban For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's wife by name Gayathri, aged about 21 years, has been illegally detained by the third respondent/father of the detenu and hence, the present Habeas Corpus Petition has been filed.

2.The learned counsel appearing for the petitioner would submit that the petitioner has got married to the detenu and now she is three months pregnant and the third respondent/father of the detenu has forcibly detained the detenu against her will. 3.Today, when the matter is taken up for hearing, the detenu was secured and produced before this court and on enquiry, the detenu submitted that earlier she was in love with the petitioner and no marriage has been taken place and the allegation that she is pregnant is also false. She would further submit that now she is https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1602 of 2021 living with her parents on her own volition and she is not illegally detained by her parents as alleged by the petitioner. 4.Recording the said submission that the detenu is not illegal detained by the third respondent, no further adjudication is required in this petition and hence, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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, Madurai District.

2.The Sub Inspector of Police, Pudhur Police Station, Madurai.

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

H.C.P.(MD) No.1602 of 2021 27.10.2021 PS(CO) RS/UV (10.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2