1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.550 of 2011 R.Venkatesan : Petitioner Vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, (L&O), Anna Nagar Police Station, Madurai. 3.Dhanalakshmi 4.Suresh : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to direct the respondents 1 and 2 to produce the petitioner's wife/detenue namely Geetha W/o.R.Venkatesan, aged 38 years and the petitioner's daughter Sobanasri, aged 12 years and petitioner's son Jeyakrishna aged 7 years and set them at liberty. For Petitioner : Mr.R.Venkatesan For Respondents 1&2 : Mr.A.Ramar Additional Public Prosecutor For Respondents 3&4 : Mr.K.Kamaludeen O R D E R [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the husband of the detenue, by name Geetha, aged 38 years and the father of another detenue by name Sobanasri, aged 12 years and yet another detenu by name Jeyakrishna aged 7 years. On the allegation that these three detenues are kept illegally by respondents 3 and 4, the petitioner has come up with this Habeas Corpus Petition. 2. When this Habeas Corpus Petition was listed for hearing on 27.07.2011, the first detenue, namely Geetha, appeared before this Court along with her minor children and submitted that she is not willing to go with her husband, because the petitioner is a drunkard. However, with a view to amicably settle the matrimonial dispute between the parties, this Court directed the parties to appear before the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench. Accordingly, the parties appeared before the Mediation Centre and a report has also been filed. From the report, it could be seen that the detenue – Geetha filed an affidavit before the Mediation Centre, wherein she has stated that neither she nor the children are illegally detained by anybody. It is also stated that since the petitioner is a drunkard, there is no safety for her and her children at the hands of the petitioner. In those https://hcservices.ecourts.gov.in/hcservices/ 2 circumstances, according to her, she has filed H.M.O.P.No.344 of 2011 before the Family Court, Madurai, for judicial separation. She has further stated that she is not willing to go and live with her husband along with her children. The said affidavit filed by the detenue by name Geethah is recorded. 3. From the narration of the facts, it could be seen that there is no illegal detention of the detenues by respondents 3 and 4. Therefore, this Habeas Corpus Petition deserves only to be dismissed. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Deputy Registrar (W) /True Copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, (L&O), Anna Nagar Police Station, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. NB GH : 07.12.2011 : 2p/4c ORDER MADE IN HABEAS CORPUS PETITION(MD).No.550 of 2011 18.11.2011 https://hcservices.ecourts.gov.in/hcservices/