1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition(MD)No.71 of 2011 P.Nandhini @ Kanmani .. Petitioner Vs. The State rep.by 1.The Superintendent of Police, Tiruchirappalli District. 2.The Inspector of Police, Manachanallur Police Station, Tiruchirappalli District. 3.Chinniyan .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to bring the body of the petitioner's husband Palaniyandi before this Court and set him at liberty. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.P.N.Pandidurai, Addl.Public Prosecutor for R1 and R2 O R D E R (Order of the Court was made by S.RAJESWARAN, J.) This HCP has been filed by the wife of one Palaniyandi who is said to be missing from 21.12.2010. According to her, she belongs to Scheduled Caste community and her husband belongs to Gounder community. There was an opposition for their marriage from the respective parents. Therefore, they married on 13.01.2009 at Arulmighu Mariamman Kovil, Samayapuram, Tiruchirappalli without the consent of their parents. Thereafter, they led a happy life and she also gave birth to a baby boy on 30.06.2010. While so, on 21.12.2010, her husband informed her that he would go to see his parents at Korapatti. He also talked to her over phone on 24.12.2010. Thereafter, he informed her that he would go to Palani by walk and return after two days. But since then, there has been no communication from her husband and her attempt to contact him was https://hcservices.ecourts.gov.in/hcservices/ 2 also in vain. The petitioner suspects that the parents of her husband might have kept him under illegal custody. 2. A complaint was given to the first respondent on 06.01.2011, but there was no response. Hence the present HCP. 3. On notice, the learned Additional Public Prosecutor would submit that the detenu / husband of the petitioner was found dead on 07.12.2010 in a tank where he had gone to take bath along with his friends and the parents of the detenu without informing the police, had cremated the body. Therefore, a case has been registered against the parents of the detenu/ husband of the petitioner, under Section 176 Cr.P.C. in Crime No.7 of 2011. He also adds that the petitioner was also informed about the death of her husband and she was also enquired by the Police on 25.01.2011. Therefore, according to the learned Additional Public Prosecutor, a case has been registered against the parents of the detenu, who have not informed about the cremation of the body of the detenue to the Police. 4. In view of the above submission made on the side of the learned Additional Public Prosecutor, we find that this petition does not merit any consideration and therefore the same is dismissed. It is always open to the petitioner to approach the appropriate forum for appropriate remedy. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tiruchirappalli District. 2.The Inspector of Police, Manachanallur Police Station, Tiruchirappalli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.71 of 2011 23.03.2011 KM NSV/7.4.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/