H.C.P(MD)No.1233 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.10.2023

Coram

THE HON'BLE MR.JUSTICE M.SUNDAR

and

THE HON'BLE MR. JUSTICE R.SAKTHIVEL

H.C.P(MD)No.1233 of 2023

M.Vengadeshan

.. Petitioner

vs

1.The Superintendent of Police,

Dindigul District.

2.The Inspector of Police,

All Women Police Station,

Kodaikanal,

Dindigul District.

.. Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying

for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to

secure and produce the detenu by name Anusiya wife of Vengateshan aged

25 years and Tharsika daughter of Vengateshan, aged 3 years before this

Court and set them at liberty.

For Petitioner

:

Ms.S.Jainab Beevi

For Respondents

:

Mr.R.Meenakshi Sundaram

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H.C.P(MD)No.1233 of 2023

ORDER

[Order of the Court was made by M.SUNDAR, J.]

This order will now dispose of the captioned 'Habeas Corpus

Petition' [hereinafter 'HCP' for the sake of brevity].

2.Factual matrix in a nutshell is that HCP petitioner was married

to one Anusiya on 11.11.2018; that HCP petitioner and Anusiya (from the

wedlock) were blessed with a girl child, who is now 3 years old; that the girl

child is xxx [we are masking the name of the girl child and we shall

hereinafter refer to her as 'absentee' for the sake of convenience and clarity];

that according to HCP petitioner, his spouse went away with the absentee

saying that she is going to her parents place in Coonoor, Nilgiris District;

that HCP petitioner gave a complaint dated 08.06.2023; that the second

respondent immediately traced the HCP petitioner's spouse and absentee; that

on 19.06.2023 HCP petitioner's spouse came before the second respondent

and stated that she is not ready to continue her matrimonial life with HCP

petitioner; that HCP petitioner thereafter went over to Coonoor to the

residence of his parents-in-law, but his spouse and absentee are not there;

that according to HCP petitioner, it is suspected that HCP petitioner's spouse

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H.C.P(MD)No.1233 of 2023

has gone away to Gudalur with the absentee; that the HCP petitioner says

that a complaint dated 14.08.2023 was addressed to the first respondent; that

under such circumstances captioned HCP has been filed in this Court on

07.09.2023.

3.Today, Ms.S.Jainab Beevi, learned counsel for HCP petitioner,

is before us. Learned counsel reiterated the aforementioned averments and

submitted that it is suspected that the absentee is in illegal custody of another

individual in Gudalur.

4.Issue notice regarding admission.

5.Mr.R.Meenakshi Sundaram, learned State Additional Public

Prosecutor, accepts notice for both the respondents.

6.Owing to the narrow compass of the matter, main HCP is taken

up with the consent of both sides in the Admission Board.

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H.C.P(MD)No.1233 of 2023

7.Learned State Additional Public Prosecutor is instructed by

Ms.A.Jeyarani, Inspector of Police, All Women Police Station, Kodaikanal

(second respondent).

8.On instructions, learned Prosecutor submits that the complaint

dated 14.08.2023 said to have been given by HCP petitioner has not been

received either by the first respondent or by the second respondent. However,

learned counsel for petitioner submits that it was given to the first respondent

in person.

9.Be that as it may, second respondent shall now treat the

14.08.2023 communication as a complaint and investigate the matter (to be

noted 14.08.2023 complaint is placed before us) and a scanned reproduction

of the same is as follows:

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H.C.P(MD)No.1233 of 2023

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H.C.P(MD)No.1233 of 2023

10.This Court makes it clear that it is only concerned with the

location of the absentee not the matrim