Madras High CourtHCP(MD)/1183/2023closed

B.S Subesh v. The Superintendent Of Police

2023-09-27Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1183 of 2023 B.S.Subesh .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Kanyakumari 2.The Inspector of Police, Arumanai Police Station, Kanyakumari District 3.Justin Paulraj .. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the 2nd respondent herein to produce the person or body of the petitioner's wife namely Jasmine Jemeeha, W/o.Subesh D/o.Justin Paulraj aged about 24 years before this Court and set her at liberty. For Petitioner : Mr.P.Dasarathan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor Mr.M.R.Sreenivasan for R3

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Claiming that the third respondent's daughter Jasmine Jameeha was married to the petitioner herein and that she is his wife, the present Habeas Corpus Petition has been filed by the petitioner alleging that Jasmine Jameeha is in the illegal custody of the third respondent herein. 2.The second respondent police, before whom the petitioner's complaint is pending, had produced Ms.Jasmine Jameeha before us. We interacted with her, who is aged about 24 years. It is her statement that she is not under compulsive custody of the third respondent and that she is living with her father on her own will and accord. Since there is no illegal custody on the part of the third respondent herein, the present Habeas Corpus Petitio cannot be sustained. Accordingly, the Habeas Corpus Petitio stands dismissed.

(M.S.R.,J.) (M.N.K.,J.) 27.09.2023 NCC :Yes / No Internet : Yes RR

To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari 2.The Inspector of Police, Arumanai Police Station, Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH, J.

and M.NIRMAL KUMAR,J.

RR H.C.P.(MD)No.1183 of 2023 27.09.2023