1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.347 of 2011 Jayakumar .. Petitioner Vs. 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District. 2.The Inspector of POlice, Oomachikulam Police Station, Madurai District. 3. Dharmaraj 4. Palanichamy .. Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, Writ of Habeas Corpus by directing the respondents to produce the body and person of the Detenu namely Narmadha daughter of Dharmaraj aged about 245 years before this Court and set her at liberty and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.R.Alagumani For R1 & R2 : Mr.C.Ramesh, Addl.Public Prosecutor For R3 & R4 : Mr.Siva Ayyappan O R D E R (Order of this Court was made by S.RAJESWARAN,J.) This petition has been filed to trace out the detenue Narmadha D/o. Dharmaraj, aged about 25 years, before this court. 2.His case is that the detenue Narmadha is known to him and she was married to his brother one Selvamani. But there is a misunderstanding between the detenue and his brother and on account of that, the detenue has gone along with her father. But he has been informed by the detenue that she has been kept under illegal custody by her parents. Being the well wisher of the detenue and unable tocontact the detenue, the above petition has been filed by the petitioner to trace out the detenue. https://hcservices.ecourts.gov.in/hcservices/ 2 3.In the last hearing on 20.06.2011 after finding that the petitioner is not at all connected with the detenue we directed the detenue to be present before this Court. Moreover, it is found that the husband of the detenue is not a brother also as averred by him in the pettiion. Therefore, on finding that the petitioner has frivolously filed this petition before this Court under Article 226 to bring the detenue before this Court along with her parents, we warned him and directed the petitioner to file an affidavit of undertaking that he would not indulge in such activities in future otherwise appropriate action would be taken against the petitioner. 4. Today, the learned counsel appearing for the petitioner filed an affidavit sworn by the petitioner. In paragraph 5 while tendering unconditional apology before this Court for filing this petition, he has further undertaken that not to file such affidavit or petition before this Court. 5.While accepting the affidavit filed by the petitioner and unconditional apology tendered by the petitioner this Habeas Corpus Petition is dismissed as one not maintainable. Further, the petitioner is hereby directed not to indulge in such activities in future by dragging the person whom he does not have any connection whatsoever before any Court.He shall not file such frivolous petitions before any court. He shall not file such frivolous petitions before any court. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District. 2.The Inspector of POlice, Oomachikulam Police Station, Madurai District. +1cc to Mr.R.Alagumani, Advocate Sr.No.20284 ses ssk/21.07.2011 /4c-2p/- H.C.P.(MD)No.347 of 2011 27.06.2011 https://hcservices.ecourts.gov.in/hcservices/