1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.1012 of 2011 M.Chinnappan : Petitioner Vs 1.The Superintendent of Police, Karur, Karur District. 2.The Sub-Inspector of Police, Chinthamanipatti Police Station, Karur District. 3.Muniyan : Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the second respondent to produce the body and person of the petitioner's wife, Chandra, aged 20 years, before this Court, and set her at liberty forthwith. For Petitioner : Mr.S.M.Rajarajan For Respondents 1 & 2 : Mr.A.Ramar Addl.Public Prosecutor ORDER [Order of the Court was made by S.NAGAMUTHU,J.] The petitioner is the husband of the detenue by name Chandra aged 20 years. The marriage between the petitioner and the detenue was celebrated on 02.09.2011. After the marriage, they were living as husband and wife in the house of the petitioner. While so, on 19.10.2011 onwards, the detenue was found missing. According to him, the detenue, had eloped with one Muniyan, (the third respondent herein), who is already a married person. With these allegations, he made a complaint to the police. Upon which, a case in Crime No.171/2011 has been registered by the police and the same is under investigation. Since the detenue has not been secured by the second respondent, the petitioner has come up with this Habeas Corpus petition seeking a direction to the first and the second respondents to produce the detenue before this Court and to set her at liberty. 2. When the matter was taken up on 18.11.2011, the learned Additional Public Prosecutor sought time for filing a status report, on 07.12.2011. Accordingly, it was ordered to be listed on 07.12.2011. In the meanwhile, the learned Additional Public Prosecutor made a mention https://hcservices.ecourts.gov.in/hcservices/ 2 today that the detenue has been secured. Therefore, the matter was ordered to be listed in a 'special list' today @ 2.15 p.m. Today, the learned counsel for the petitioner and the petitioner are present before this Court. The detenue's parents, by name, Devvan and Rajakumari, are also present before this Court. 3. The detenue has been produced before this Court by the second respondent police. On enquiries, the detenue would submit that she does not like to continue her marital life with the petitioner. Instead, she would prefer to go only with her parents. She would further submit that the third respondent had taken her to Coimbatore and kept her, from where, the second respondent had secured her. While so, the petitioner, on enquiry, would submit that after the marriage, he found a photograph of the third respondent along with the personal belongings of the detenue. The petitioner informed the same to her parents. Thereafter, on one occasion, he had come to know that the detenue was speaking to the third respondent over cell phone. This was also informed to her parents. Now, according to the petitioner, the detenue had eloped with the third respondent. The said statement is recorded. The parents of the detenue would submit that they are willing to take back her daughter / the detenue into their family. The said submission is also recorded. 4. In view of the above, the detenue is set at liberty and she is permitted to go with her parents, as per her wish. Consequently, this Habeas Corpus petition stands dismissed. sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Karur, Karur District. 2.The Sub-Inspector of Police, Chinthamanipatti Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in H.C.P.(MD)No.1012 of 2011 Dated:- 23.11.2011 ssm RJ/9.12.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/