Madras High CourtHCP(MD)/1803/2021dismissed

Beer Mohamed v. The Superintendent Of Police

2022-02-09Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1803 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1803 of 2021 I.Beer Mohamed ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Bazar Police Station, Ramanathapuram District.

3.Valampuri 4.Selvi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body or person of the petitioner's wife by name Thashlima Rani w/o.Beer Mohamed, aged 25 years and his sons namely, B.Mohamed Idiris S/o.Beer Mohamed, aged about 8 years and B.Mohamed Ijas S/o. Beer Mohamed, aged about 5 years before this Court and set them at liberty.

For Petitioner : Mr.I.Sabeer Mohamed For Respondents 1 & 2 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks issuance of Writ of Habeas Corpus for production of the person of his wife and two minor children, who according to him have gone missing.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Upon instruction, learned Additional Public Prosecutor would submit that the wife of the petitioner has eloped with one Valampuri, who has been cited as third respondent in this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1803 of 2021 4.The petitioner would also claim that respondents 3 and 4 has brainwashed his wife and taken them illegal custody. The wife of the petitioner being a major and mother of the minor children, we do not find any case of illegal detention. Hence, this Habeas Corpus Petition is dismissed. The respondent Police is directed to investigate and if they are able to find out the whereabouts of the wife of the petitioner and his children, the Police Authorities will inform the petitioner, accordingly.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 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, Office of the Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Bazar Police Station, Ramanathapuram District.

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

H.C.P.(MD) No.1803 of 2021 09.02.2022 RK(24.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2