1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.(MD)No.1134 of 2011 Palanisamy .. Petitioner Vs. 1.The Superintendent of Police, Dindigul District. 2.The Inspector of Police, Ambilikkai Police Station, Oddanchathiram Circle, Dindigul District. 3.Muthuraj 4.Malliasamy 5.Selvan 6.Velladurai @ Muthuraj .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the body or person of the detenue Selvi, W/o.Palanisamy, aged about 40 years, before this Court and set her at liberty. For petitioner : No appearance For respondents : Mr.A.Ramar, Additional Public Prosecutor for R1 and R2 ORDER (Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the husband of one Selvi (the detenue herein), aged 40 years. The marriage between them was celebrated 10 years ago, but they have no issues. According to the petitioner, the detenue has been missing from 14.11.2011 onwards. He has stated that, further enquiry revealed that the petitioner has been illegally detained by her father and others. With this allegation, he preferred a complaint to the police on 14.11.2011. Since no action has been taken, the petitioner has come up with the present Habeas Corpus Petition seeking a direction to the respondents 1 and 2 to produce the detenue before this Court and set her at liberty. 2.This Habeas Corpus Petition came up for admission on 10.12.2011 and thereafter, it was ordered to be listed after two weeks. But today, the learned Additional Public Prosecutor has made a mention that the detenue has been secured and she would be produced https://hcservices.ecourts.gov.in/hcservices/ 2 before this Court. In view of the same, the matter was listed in the Special List and accordingly, it is called. The learned Additional Public Prosecutor submitted that he has already informed the learned counsel for the petitioner as well. But there is no representation on behalf of the petitioner. The detenue has been produced before this Court by the second respondent. 3.On enquiry, the detenue would state that she does not like to lead the matrimonial life with her husband and therefore, she has come out of the matrimonial home, on her own accord and she has been residing along with her sister Alagammal at Aravakurichi. She would further state that she does not want to return to her matrimonial home and she wants to be free. The said statement is recorded. 4.In view of the fact that even according to the statement of the detenue, there is no illegal detention, the question of issuing writ of habeas corpus, does not arise. Therefore, the Habeas Corpus Petition is closed, leaving the option to the detenue to live anywhere according to her desire. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Dindigul District. 2.The Inspector of Police, Ambilikkai Police Station, Oddanchathiram Circle, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.S.C.Herold Singh, Advocate, Sr.No.43409 H.C.P.(MD)No.1134 of 2011 12.12.2011 km SMA/27.12.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/