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Madras High CourtHCP(MD)/1445/2024dismissed

Petchimuthu v. The State Of Tamil Nadu

2024-11-21Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD) No.1445 of 2024 Petchimuthu ... Petitioner / Husband of the Detenue Vs.

State of Tamil Nadu Rep. by 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

3.The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 to 3 herein to produce the body or person of the petitioner's wife namely Rajeswari W/o.Petchimuthu aged about 28 years before this Court and set her at liberty.

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For Petitioner : Mr.S.Sathyachidambaram For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

Heard both sides.

2. The petitioner is the husband of the detenue. The detenue has been missing since 2.11.2024. Based on the petitioner's complaint, the third respondent registered Crime No.665 of 2024. Since the detenue was not traced, this habeas corpus petition came to be filed.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions submitted that the petitioner's wife appears to have eloped with one Krithesh. It is further stated that the petitioner's wife appeared before the Krishnapuram Police Station in Kerala and informed them that they are happily married and settled.

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4. We are satisfied that this is a case of elopement. The petitioner has to pursue his remedy elsewhere. The Habeas Corpus Petition is dismissed.

(G.R.S., J.) (R.P., J.) 21.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi To 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

3.The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

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

ORDER MADE IN H.C.P.(MD) No.1445 of 2024 21.11.2024 4/4