P.Divyapriya v. The State Of Tamil Nadu

1 H.C.P.(MD)NO.1130 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA H.C.P.(MD)No.1130 of 2024 P.Divyapriya ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, O/o.the Superintendent of Police, Sivagangai District.

2. The Inspector of Police, Karaikudi South police station, Sivagangai District.

... Respondents Prayer: Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's husband, the detenu viz., Praveen, S/o.Sukumaran, aged about 31 years before this Court and set her at liberty forthwith.

For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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2 H.C.P.(MD)NO.1130 OF 2024

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard the learned counsel on either side.

2. The petitioner is the wife of the detenu. The detenu has been missing since 06.07.2024. On account of the efforts taken by the second respondent, the detenu's whereabouts have been traced. He is presently at Ambur. We had an interaction with him through WhatsApp video call. The detenu states that he is hale and healthy and that he is afraid to return to the native place.

3. We cannot probe the matter any further. We are satisfied that this is not a case of illegal custody. The petitioner will have to work out her remedy in the manner known to law. This Habeas Corpus petition is dismissed.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 7th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 2/4

3 H.C.P.(MD)NO.1130 OF 2024 To:

1. The Superintendent of Police, O/o.the Superintendent of Police, Sivagangai District.

2. The Inspector of Police, Karaikudi South police station, Sivagangai District.

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

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4 H.C.P.(MD)NO.1130 OF 2024 G.R.SWAMINATHAN, J.

AND R. POORNIMA, J.

PMU H.C.P.(MD)No.1130 of 2024 07.11.2024 4/4