1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.265 of 2011 Kalian, S/o.Sappani ..Petitioner Vs. 1.The Inspector of Police, Jeeyarpuram Police Station, Trichy District. 2.The Superintendent of Police, Trichy District. 3.Bharathi, S/o.Panneer ..Respondents Prayer: Petition is filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing the respondents to produce the body of the detenue, namely Ezhilarasi, aged 30/2011, Vasantha Kumar, aged 10/2011 and Yogavarthini, aged 5/2011, before this Court and set them at liberty. For Petitioner :Mr.R.Balakrishnan For Respondents-1 & 2 :Mr.P.N.Pandidurai, Addl.Public.Pleader O R D E R (Order of the Court was made by S.RAJESWARAN,J) The petitioner is the father-in-law of the detenue Ezhilarasi The case of the petitioner is that his younger son Ravi was married to the detenue Ezhilarasi and they were blessed with two children, a boy and a girl, aged 10 and 5 respectively. Ravi died two years ago and thereafter the detenue Ezhilarasi, along with her two children, was living in their house and he was taking care of them well. But, suddenly Ezhilarasi went out of the house to visit her parents but, she did not return home. He made attempts to see her and his grandchildren in her mother's house, but in vain. Initially he was able to talk with his daughter-in-law and his grand children over phone and thereafter he could not talk with them. Since he received evasive reply from the parents of his daughter-in-law, the petitioner lodged a complaint with the 1st respondent police. On enquiry, it was found that she has been kidnapped by the 3rd respondent, along with her children and their whereabouts are not known. Since no effective steps were taken by the respondent police to trace his daughter-in-law and his grand children, the petitioner has filed this habeas corpus petition. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Today, the detenue Ezhilarasi is present before this court, along with her two children and the 3rd respondent. According to her, she has married the 3rd respondent on 26.11.2009 and since then she has been living with him along with her children. She adds that the 3rd respondent has accepted her along with the children. We also enquired the 3rd respondent Bharathi, who is present before us. He admitted the fact that he had married Ezhilarasi and has been living with her along her two minor children happily. 3.Though the learned counsel for the petitioner prayed for time, we are not inclined to grant the same, as the detenue, along with her children, appeared before this court on her own and stated that she had come out of the house of the petitioner to live with the 3rd respondent, there is no illegal custody of the detenue by any one, much less the 3rd respondent. 4.Hence, there is nothing further remains to be considered in this petition and accordingly this habeas corpus petition is dismissed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To: 1.The Inspector of Police, Jeeyarpuram Police Station, Trichy District. 2.The Superintendent of Police, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.R.Balakrishnan, Advocate, SR No.14636 Order in HCP(MD)No.265/2011 Dated:19.04.2011 gb RJ/29.4.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/