1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2011 CORAM THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition (MD) No.393 of 2011 Sundarapandian, S/o.Perumal Konar ..Petitioner Vs. 1.The Deputy Inspector General of Police, Race Course Road, Trichy-20. 2.The Superintendent of Police, Pudukkottai, Pudukkottai District. 3.The Sub-Inspector of Police, Karaiyur Police Station, Pudukkottai District. 4.Ilango, S/o.Nachiappan .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 to 4 to produce the person or body of petitioner's wife and minor daughter, namely Kalaiyarasi and Harini, aged 24 and 3 years respectively, from the illegal custody of the 4th respondent, before this Court and set them at liberty. For Petitioner :Mr.K.Baalasundaram For Respondents :Mr.C.Ramesh, 1 to 3 Addl.Public Prosecutor. O R D E R (Order of the Court was made by P.P.S.JANARTHANA RAJA,J) The petitioner is the husband. The detenues are the wife and the minor daughter of the petitioner. It is stated in the affidavit filed in support of the petition that the petitioner and the 1st detenue Kalaiyarasi got married and they have got one daughter, who is aged about three years. It is also stated that the petitioner as well as his wife, along with their minor child, went to Nallur bus-stop for the purpose of visiting Tiruchendur Temple. After leaving his wife and child in the bus- stop, the petitioner went to park his two-wheeler. After parking the vehicle, he came to the bus-stop but, he could not find his wife as well as the minor daughter. The petitioner suspected that the 4th respondent would have kidnapped them. Therefore, he made a complaint to the 3rd respondent on 10.04.2001, who also issued a receipt bearing No.4385118. It is the grievance of the petitioner that inspite of repeated reminders, there is no response from respondents 1 to 3. Therefore, the petitioner has filed the https://hcservices.ecourts.gov.in/hcservices/ 2 present habeas corpus petition. 2.The matter is posted today. The petitioner, the detenues as well as the father of the 1st detenue Kalaiyarasi appeared before us. We have enquired them. The 1st detenue, wife of the petitioner, categorically stated that she is not under the custody of anyone, much less the 4th respondent and she does not want to go with the petitioner/husband. She, along with the child, is willing to go only with her parents. The said statement of detenue Kalaiyarasi is recorded. 3.After considering the same, we are of the view that the detenues are not under the custody of any one, much less the 4th respondent. The 1st detenue Kalaiyarasi, along with her minor daughter Harini, is set at liberty. The habeas corpus petition is closed as nothing further remains to be considered. SD ASST REGISTRAR /TRUE COPY/ SUB ASST REGISTRAR gb To: 1.The Deputy Inspector General of Police, Race Course Road, Trichy-20. 2.The Superintendent of Police, Pudukkottai,Pudukkottai District. 3.The Sub-Inspector of Police, Karaiyur Police Station, Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. K. BAALASUNDHARAM, ADVOCATE SR: 25821: DM:2011:AUGUST:16:: Order in HCP(MD)No.393/2011 Dated:03.08.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/