1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD) No.315 of 2011 Balamurugan .. Petitioner vs. 1.The Superintendent of Police, Tuticorin, Tuticorin District. 2.State rep. by its Sub Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District. 3.Murugesan 4.Esther Mala .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents to produce the body and person of the petitioner wife's elder brother Mr.Muthuraj, aged 30 years, now detained by the 3rd and 4th respondents before this Court and set him at liberty. For petitioner : Mr.R.V.V.Rajkumar For respondent:Mr.N.Senthur Pandian for R1 & R2, Addl.Public Prosecutor Mr.S.M.Ananthamurugan for detenue ORDER (Order of the Court was made by S.RAJESWARAN, J) This petition is filed by the uncle of the detnue namely Mr.Muthuraj and he is said to be missing from 17.04.2011. He was working in a Company and because of his love affair with one Ms.Rajeswari, daughter of the third respondent, the petitioner is afraid that the detenue might have been kidnapped by the third and fourth respondents and kept him in illegal custody. A complaint in this regard given to the police has not yielded any result. Hence, the present petition. 2. Today, the detenue appeared before this Court on his own through counsel. The detenue has also come along with the said Ms.Rajeswari, the daughter of the third respondent. According to the detenue, he has married the said Rajeswari on 11.04.2011 and since then, they have been living together happily. But, the parents of the said Rajeswari and her relatives have been disturbing them constantly and only https://hcservices.ecourts.gov.in/hcservices/ 2 on account of that they are moving from the one place to another. 3. We also enquired the said Rajeswari. According to her, she is married Muthuraj and happily living with him. She is clear and firm that she would live only with him and not with her parents. 4. The parents of Rajeswari also present before this Court and we appraised them of these facts. We also made Rajeswari to meet her parents and talk to them and posted the matter in the afternoon. But, the parents told us that her daughter was not interested in talking to them. 5. Finally we called Muthuraj, the detenue and asked him. He asserts that he is not under illegal custody and he is married to Rajeswari, the daughter of the third respondent and wants to live with her. 6. In view of the fact, that detenue Muthuraj, a Major, appeared before the Court and disclosed that he is not under illegal custody and he is on his own, his statement is recorded and the Habeas Corpus Petition is closed as nothing further survives to be adjudicated in this petition. SD/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuticorin, Tuticorin District. 2.The Sub Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.315 of 2011 27.04.2011 jikr PAM 18.05.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/