1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.498 of 2011 Marimuthu .. Petitioner Vs. 1.The Superintendent of Police, Ramanathapuram. 2.The Inspector of Police (Crime), Rameswaram Town Police Station, Rameswaram, Ramanathapuram District. 3.Vazivittan 4.Muneeswari 5.Gurusamy 6.Nachiar 7.Murugesan 8.Nagalingam 9.Muthumuni .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the person and body of the missing woman namely, Anandhavalli, aged 40 years, before this Court and set her at liberty. For Petitioner : Mr.P.Sepana Alias Sree For Respondents : Mr.C.Ramesh Addl.Public Prosecutor for R1 and R2 For Respondent 9 : Mr.S.Ramasamy For Respondents 3 to 8 : No Appearance ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the respondents 1 and 2 to produce her sister by name Anandhavalli, aged 40 years, before this Court and set her at liberty, alleging that she is under the illegal custody of the respondents 3 to 9. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner is the brother of the detenue-Anandhavalli. It is alleged by the petitioner in the affidavit filed in support of this petition that on 10.06.2011 at about 12.00 noon, the detenue went to the Co-operative Bank for pledging her jewels in order to raise money for her son's educational fees, and at that time, the respondents 3 to 9 have kidnapped her. Therefore, the petitioner has made a complaint to the second respondent-Police and the same was also registered in Crime No.94 of 2011 under Sections 147 and 366 IPC. The second respondent-Police though arrested the respondents 4, 5 and 7, did not take any steps to arrest others. The sixth respondent has also filed anticipatory bail application before the Principal Sessions Judge, Ramanathapuram and the other respondents have absconded. Since no action was taken by the second respondent- Police in spite of repeated reminders, the petitioner has come forward to file the present HCP. 3. Today, the detenue-Anandhavalli and the petitioner appeared before this Court. When we enquired the detenue, she has categorically stated that she is not willing to go along with the petitioner and she want to go only with her husband who is stated to be bedridden and staying at Rameswaram. She further stated that she is not under the illegal custody of any one. 4. The detenue is aged about 40 years. From the statement made by the detenue it is clear that she is not under the illegal custody of any one much less the respondents 3 to 9. Under the circumstances, recording the statement made by the detenue- Anandhavalli, the Habeas Corpus Petition is closed as nothing further remains to be considered. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram. 2.The Inspector of Police (Crime), Rameswaram Town Police Station, Rameswaram, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.Sepena @ Sri, Advocate (SR.No.26669) HCP(MD)No.498 of 2011 05.08.2011 KM NSV/17.8.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/