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Madras High CourtCRL OP(MD)/17530/2019dismissed

Bharathi Ratahinam v. The Superintendent Of Police

2019-11-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.17530 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.17530 of 2019 Bharathi Rathinam ... Petitioner/Wife of the detenu Vs.

1. The Superintendent of Police Theni District, Theni

2. The Inspector of Police Periyakulam Vadakarai Police Station Periyakulam, Theni District ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct respondents 1 and 2 to produce the body or person of the detenu Muralishankar, Son of Rajavel agedabout 36 years before this Hon'ble Court and set him at his liberty on the basis of petitioner's representation dated 22.11.2019 For Petitioner : Mr.R.Vadivelan For Respondents : Mr.K.Suyambulinga Bharathi No.1& 2 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents to produce the body or person of the detenue Muralishankar son of Rajavel aged about 36 years before this Honourable Court and set him at his liberty on the basis of petitioners representation dated 22.11.2019

2. The learned Government Advocate (Crl.side) submitted already the petitioner married with the said Murali Sankar and got separated. Infact her husband already filed divorce petition in HMOP No.58 of 2017 on the file of the Sub Court, Thirumangalam and the same was also dismissed. Admittedly both are living separately due to family dispute.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17530 of 2019

3. Therefore the direction sought for in this regard is not maintainable. Hence, the Criminal Original Petition stands dismissed. However, the petitioner is at liberty to approach the concerned court for appropriate relief.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) aav To:

1. The Superintendent of Police Theni District, Theni

2. The Inspector of Police Periyakulam Vadakarai Police Station Periyakulam, Theni District

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

+1 CC to Mr.T.VADIVELAN, Advocate ( SR-102524[F] dated 29/11/2019 ) Crl.O.P.(MD)No.17530 of 2019 28.11.2019 MK (17.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2