In the High Court of Judicature at Madras Dated: 06.03.2017 Coram:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P.No.312 of 2017 vs.
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondent police to immediately trace out the missing persons (1) S.Roja (aged 21 years); and
(2) S.Siv Darshika (2 years old daughter) from the hideouts of the above said Mr.Venkatesran (Car Driver attached to one Advocate Mr.Badhri with Mobile No.7200920960 & 86812212013) and produce their bodies before this Court.
For Petitioner .. Mr.J.Pachaiappan For Respondent .. Mr.V.M.R.Rajendran,A.P.P.
O R D E R (The order of the Court was made by S.NAGAMUTHU,J. ) The petitioner has come up with this habeas corpus petition alleging that his wife Mrs.S.Roja along with her daughter S.Siv Darshika, aged two years, have been illegally detained by one Mr.Venkatesan, son of Mariappan, aged 23 years.
2. The learned Additional Public Prosecutor submits that the enquiry has revealed that Mrs.S.Roja along with her daughter left the matrimonial home on her own accord with the said Mr.Venkatesan and there is no illegal detention at all in this matter.
3. In the light of the statement made by the learned Additional Public Prosecutor that the detenue had left the matrimonial home on her own volition, it cannot be said that the detenue is in the illegal confinement of anyone. Therefore, the habeas corpus petition is dismissed.
msk (S.N.J.,) (A.S.M.J.) 06 March 2016 To
1. The Inspector of Police (Crimes), J6, Thiruvanmiyur Police Station, Chennai-41.
2. The Public Prosecutor, High Court, Madras.
S.NAGAMUTHU,J. AND ANITA SUMANTH,J.
msk H.C.P.No.312 of 2017 06.03.2017 http://www.judis.nic.in