IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH
H.C.P No.105 of 2017
M.Kannadasan ... Petitioner Vs
1. The Superintendent of Police, Ariyalur District, Ariyalur.
2. The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam, Ariyalur District.
3. K.Manikandan ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ order or direction in the nature of a writ of HABEAS CORPUS PETITION, directing the respondents 1 and 2 to produce the body and person of the petitioner's wife, by name, Vijaya W/o.Kannadasan, aged about 35 years, who is under the illegal custody of the 3rd respondent before this Court and set her at liberty forthwith.
For Petitioner : Mr.S.Rajanikanth For Respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor JUDGMENT [Judgment of the court was delivered by S. NAGAMUTHU,J.,] The petitioner is the husband of one Mrs.Vijaya, the detenue herein, aged about 35 years. It is alleged by the petitioner that Mrs.Vijaya has been found missing from 18.10.2016 onwards and she is in fact illegally detained by the third respondent. Therefore, he has come forward with this Habeas Corpus Petition.
2. It is submitted by the learned Additional Public Prosecutor that the enquiry by the respondent Police has revealed that the detenue has eloped with the third respondent, who is hardly aged 20 years and they were settled elsewhere and their whereabouts are not known.
3. We are not convinced that it is a case of illegal confinement but it is a case of elopement of a woman aged 35 years with a boy aged 20 years. Therefore, we find it difficult to grant the relief sought for by the petitioner. Hence, the Habeas Corpus Petition is dismissed. No costs.
cse Index : Yes/no Internet : Yes/no (S.N.J.,) (A.S.M.J.,) 09-03-2017 To
1. The Superintendent of Police, Ariyalur District, Ariyalur.
2. The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam, Ariyalur District.
3. The Public Prosecutor, High Court, Chennai
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
cse Judgment in
H.C.P.No.105 of 2017
09-03-2017
http://www.judis.nic.in