Madras High CourtHCP(MD)/1711/2022disposed of

M.Sasikumar v. The Superintendent Of Police

2022-11-23Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH M.Sasikumar .. Petitioner Vs.

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

2.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

3.Prabhakar 4.Muthu .. 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 petitioner's wife namely, P.Mathisree, aged about 21 years, who is now under illegal custody of the respondent 3 and 4, before this Court and set her at liberty.

For Petitioner : Mr.T.Chandrasekaran For Respondents : Mr.A.Thiruvadikumar - R1 & R2 Additional Public Prosecutor Mr.N.Anandkumar - R3

ORDER

[Order of the Court was made by N.ANAND VENKATESH, J.] This Habeas Corpus Petition has been filed by the husband of the detenu seeking for a direction to the respondent police to secure his wife P.Mathisree, aged about 21 years, who is said to have been illegally detained by the respondents 3 and 4.

2. When the matter was taken up for hearing, the detenu was produced before this Court. We enquired the detenu and she stated that she

had an affair with the petitioner and that they got married in a Temple on 27.06.2022. Thereafter, the detenu changed her mind and she went back to her parents home. We specifically asked the detenu as to whether she wants to go along with the petitioner. With clarity, she stated that she on her own volition, came back to her parents home and she wants to continue to live with her parents and she also wants to continue with her studies. She also made it clear that she is not willing to go along with the petitioner.

3. In view of the above, no further orders can be passed in this Habeas Corpus Petition and if so advised, it is left open to the petitioner to workout his remedy in the manner known to law.

4. Accordingly, this Habeas Corpus Petition is disposed of. (M.S.R.,J.) (N.A.V.,J.) 23.11.2022 Index : Yes/No Internet : Yes rm

To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

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

M.S.RAMESH,J.

and N.ANAND VENKATESH, J.

rm 23.11.2022