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Madras High CourtHCP(MD)/1964/2021dismissed

S.Sumathi v. The Superintendent Of Police

2022-02-14Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1964 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1964 of 2021 S.Sumathi ... Petitioner/Wife of the detenue -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheran Mahadevi Taluk, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station (L & O), Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the respondents 1 to 3 to produce the body or person of the detenu, namely, E.Sivakumar (aged 36 years), S/o.Esakkimuthu, before this Court and set him at liberty.

For Petitioner :

Mr.P.Rajkumar For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J The petitioner seeks production of the person of her husband E.Sivakumar, aged about 36 years.

2. The learned Additional Public Prosecutor, on instructions, would submit that the alleged detenu Sivakumar had eloped with another lady, namely, Sudha and they are living in Bombay. He has also stated that the husband of the Sudha had lodged a complaint to https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1964 of 2021 the Melapalayam Police Station and the same was registered in Cr.No.516 of 2021, which is also under investigation.

3. Hence, we see no illegal detention, therefore, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CSI) // True Copy // / /2022 Sub Assistant Registrar(CS) am 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, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheran Mahadevi Taluk, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station (L & O), Tirunelveli District.

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

ORDER MADE IN H.C.P.(MD) No.1964 of 2021 14.02.2022 PKP/25.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2