[Order of the Court was made by S.NAGAMUTHU.J] The petitioner is the mother of one Mrs.Thamimunnisa, aged 30 years. The marriage between Mrs.Thamimunnisa and Mr.Kabila Khan was solemnized on 22.02.2004. They have got a male child by name Minor Nikal Khan, aged 5 years.
2. According to the petitioner, Mrs.Thamimunnisa has been found missing from 13.02.2017 and according to her, the detenue is living with the fourth respondent and now she is residing with him at Keelakarai. The child is also with her. Alleging that it is an illegal detention, the petitioner has come up with this Habeas Corpus petition.
3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
4. In our considered view, there is no illegal detention because the detenue appears to have gone on her own accord and now, she is living with the fourth respondent along with her child. Since, there is no illegal detention, we are unable to grant the relief as prayed for by the petitioner. Hence, the Habeas Corpus petition is dismissed.
jbm/sts Speaking order/Non speaking order Index:Yes/No To
1. The Commissioner of Police, Office of the Commissioner of Police, E.V.R.Periyar Salai, Vepery, Chennai – 600 007
2. The Inspector of Police, B-1, Police Station, North Beach Police Station, Chennai – 600 001
3. The Inspector of Police, E-1, Keelakkarai Police Station, Keelakkarai , Ramanathapuram District.
4. The Public Prosecutor, High Court, Madras.
[S.N.,J.] [A.S.M.,J.] 17th March 2017
S.NAGAMUTHU, J.
AND
ANITA SUMANTH, J.
jbm/ sts H.C.P.No.427/2017 17.03.2017 http://www.judis.nic.in