1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.6.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.413 of 2011 K.C.Ravi .. Petitioner vs. 1.The Commissioner of Police, Madurai City Police, Madurai. 2.The Inspector of Police, D1, Tallakulam Police Station, Madurai City. 3.S.Selvaraj .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the Respondents 1 and 2 to produce the body of the petitioner's wife by name Samyuktha, W/o.K.C.Ravi, aged about 18 years and set her at liberty. For Petitioner : Mr.K.C.Ravi, Party-in-Person For respondents 1 & 2:Mr.C.Ramesh Addl.Public Prosecutor ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner has filed this petition to trace his wife, Samyuktha, aged about 18 years, who is said to be missing. 2. According to him, he had married her and she was living with him. On the complaint given by her father that she was a minor and kidnapped by the petitioner, a case was registered against the petitioner and he was also arrested and charge sheet has been filed against him for the offence punishable under Section 366 IPC. The said case is pending in Crime No.769 of 2009. According to the petitioner, his wife, the detenue has been kept under illegal custody by the parents of the detenue. Therefore, a complaint was given to the respondent police. Since no action has been taken on the said complaint, he has filed the above Habeas Corpus Petition. 3. Today, the respondent police have produced the detenue along with her parents. 4. The detenue, Samyuktha, is aged about 17 years and she being a minor, has been with her parents for the last one year. When we talked to her to ascertain her mind, she has categorically stated that she was https://hcservices.ecourts.gov.in/hcservices/ 2 enticed by the petitioner to go along with him. After realising that the intentions of the petitioner were wrong, she came back to the parents on her own and she has been living with her parents for the last one year. She also categorically asserts that she has no relationship whatsoever with the petitioner herein and she does not want to have any connection whatsoever with him in future also. In fact, she and her parents pray for adequate protection as the petitioner is constantly threatening them with dire consequences. Her statement is recorded. 5. The petitioner, who is present before the Court, is called and appraised of this fact. While informing him of the clear stand of the detenue, a minor, we advised him not to precipitate the matter any further by disturbing and causing nuisance to the detenue and her parents. In fact, the respondent police also told the Court that they would proceed with the criminal case pending against the petitioner. 6. In view of the fact that the detenue appeared before the Court and denied any connection/relationship with the petitioner and further expressed her desire to be with her parents and pursue her further studies, this petition is dismissed as the detenue/minor is not in illegal custody of any one. Sd/- Deputy Registrar(LA) /True copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai City Police, Madurai. 2.The Inspector of Police, D1, Tallakulam Police Station, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.S.Muthu Venkatesan, Advocate, SR.No.18576 (asvm) H.C.P.(MD)No.413 of 2011 15.6.2011 TR : 28.06.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/