Petitioner sought writ of Habeas Corpus for the production of his wife and minor daughters alleging illegal detention. The court found facts showed elopement rather than illegal detention and dismissed the petition.
Petition for habeas corpus dismissed.
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H.C.P.(MD) No.159 of 2022
Kannan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.159 of 2022
... Petitioner/husband of the 1st
detenue and Father of 2nd and 3rd detenues
.Vs.
1.State represented by
The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents to produce the petitioner's wife namely Saranya, W/o.Kannan, aged 28 years before this Court and set her at liberty and direct the respondents to produce the petitioner's daughters namely minor.Shobika, D/o.Kannan, aged 11 years and Minor.Lakshana, D/o.Kannan, aged 07 years before this Court and hand over their custody to the petitioner.
For Petitioner : Mr.K.Navaneetharaja For R1 and R2 : Mr.A.Thiruvadikumar
Addl. Public Prosecutor.
O R D E R
R.SUBRAMANIAN, J. AND
N.SATHISH KUMAR, J.
The petitioner seeks for production of the person of his wife Saranya and two daughters Minor Shobika and Minor Lakshana.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The learned Additional Pubic prosecutor, upon instructions, would submit that the detenues were secured and handed over to the petitioner on 06.03.2022. However, the wife of the petitioner viz., Saranya, left the matrimonial home on her own volition on 08.03.2022 after leaving the children with the petitioner.
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H.C.P.(MD) No.159 of 2022
4.The above facts would show that it is a case of elopement and not a case of illegal detention.
5.In view of the above, this Habeas Corpus Petition is dismissed Sd/Assistant Registrar (A/C's)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Ns To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.159 of 2022 09.03.2022 AM(CO) KB(17.03.2022) 2P 4C
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1 issue framed by the court
Whether a writ of Habeas Corpus can be issued to direct the production of persons who left voluntarily rather than being illegally detained.
Kannan
State represented by The Superintendent of Police, Ramanathapuram District
The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District
R.Subramanian
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
