[Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the mother of the first detenu, namely, Nathiya, aged 31 years and grandmother of the second and third detenus, namely, Minor. Santhiya, aged 12 years and Minor. Birundha, aged 10 years, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2, to produce the detenus, from the illegal detention of the respondents 3 to 5 and set them at liberty.
2. In the affidavit filed in support of the Habeas Corpus Petition, it has been averred that the petitioner is working as a sweeper in Karur Municipality in a contract basis and her husband is working in Electric Cremation Unit at Karur. They have blessed with two daughters, first daughter, namely, Nathiya, aged 31 years, is the first detenu. Due to the wedlock with the third respondent, the first detenu is having two minor female children, namely, second and third detenus. The third respondent is un-employed and he always used to quarrel with the first detenu and used to beat her in a drunken mood. Under such circumstances, on 15.07.2017, the first detenu along with second and third detenus left the matrimonial home and thereafter they did not return. The petitioner searched for the detenus and she could not succeed. Hence, she lodged a complaint before the second respondent police on 18.07.2017. In the meanwhile, the third respondent also lodged a complaint with the second respondent on 11.10.2017, and the same was registered in Crime No.1268 of 2017 for 'woman missing'. Since no effective steps were taken by the second respondent police to trace out the detenus, the petitioner has come up with the present Habeas Corpus Petition.
3. Today, when the Habeas Corpus Petition was taken up for consideration, all the detenus were appeared before the Court. On enquiry, the first detenu stated that unable to tolerate the harassment of her husband/the third respondent, she left the matrimonial home along with her children and on her own volition, she went along with the fifth respondent/Anand to Pune. Now, she returned to her mother's house and she also stated that she is not in illegal custody and she expressed her willingness to stay in her mother's house.
4. In view of the statement made by the first detenu, since the detenu is not in illegal custody, in our considered view, nothing survives for further adjudication in the Habeas Corpus Petition. Hence, recording the statement of the first detenue, the Habeas Corpus Petition is closed.
To
1.The Commissioner of Police, Trichy District, Trichy.
2.The Inspector of Police, Uraiyur Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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