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Madras High CourtHCP(MD)/1111/2024closed

K.Santhiya v. The State Of Tamilnadu

2024-11-18Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD) No.1111 of 2024 K.Santhiya ... Petitioner / Wife of detenue Vs.

1.The State represented by The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

3.Muthaiah 4.Meena 5.Megala ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the 1/4

respondents 1 and 2 to produce the body or person of the detenue by name Kanagarajan, S/o.Muthuraman aged 31 years before this Court and set him at liberty.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R.1 & R.2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2.The petitioner is the husband of the detenue. The detenue is missing since 11.08.2024.

3.The learned Additional Public Prosecutor submits that the petitioner's husband appears to have eloped with the fifth respondent. 4.The father of the fifth respondent had also given a complaint and it was registered as Crime No.57 of 2024 by the second respondent. It is 2/4

for the petitioner to pursue the remedy with the second respondent. We are satisfied that it is not a case of illegal detention. 5.This Habeas Corpus Petition is closed.

(G.R.S., J.) (R.P., J.) 18.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

MGA ORDER MADE IN H.C.P.(MD) No.1111 of 2024 18.11.2024 4/4