H.C.P.No.1513 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2023

Coram

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.1513 of 2023

C.Karthikeyan

.. Petitioner

vs

1.The Superintendent of Police,

Namakkal, Namakkal District.

2.The Inspector of Police,

Tiruchengode Rural Police Station,

Tiruchengode, Namakkal District.

3.Sumathi

4.Subramani

..

Respondents

Petition filed under Article 226 of the Constitution of India

praying for issuance of a writ of habeas corpus to direct the first

and second respondents herein to produce the body or person of

detenu's/petitioner's wife namely Ms.Srini Shanmugasundaram,

daughter of Shanmugasundaram, aged about 26 years before this

Court and set her at liberty.

For Petitioner

:

Mr.M.Dinesh

For Respondents

:

Mr.E.Raj Thilak,

Additional Public Prosecutor

for R1 and R2

Mr.R.Thamaraiselvan

for R3 and R4

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H.C.P.No.1513 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, convenience and

clarity].

2.

Factual matrix in a nut shell is that the petitioner says

that he got married to one Srinithi Shanmugasundaram (mentioned

as Srinithi Shanmugasundaram in the affidavit and

Srini

Shanmugasundaram in the petition prayer); that this 'Srinithi

Shanmugasundaram/Srini Shanmugasundaram' shall hereinafter

be referred to as 'absentee' for the sake of convenience and

clarity; that according to the petitioner he married the absentee on

30.10.2022 in a Sivan temple in Yercaud (Salem District); that

according to petitioner, the marriage was registered on 04.11.2022

in a registration office in Coimbatore; that it is petitioner's case

that the absentee's parents did not accept the marriage, they

called the petitioner and absentee over to Karur on 19.07.2023 in

the pretext of a spiritual ceremony but thereafter the absentee is

missing from 25.07.2023; that petitioner has lodged a complaint

with the jurisdictional police (second respondent) on 01.08.2023;

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H.C.P.No.1513 of 2023

that it is the apprehension of the petitioner that absentee is in

unlawful custody/illegal detention of 'respondents 3 and 4'

(absentee's 'mother and maternal uncle respectively'); that under

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

01.08.2023.

3.

Today, Mr.M.Dinesh, learned counsel for petitioner is

before us. Learned counsel for petitioner reiterates the

aforementioned averments.

4.

Issue notice.

5.

Mr.E.Raj Thilak, learned State Additional Public

Prosecutor accepts notice for respondents 1 and 2/official

respondents (instructed by Mr.M.Vishwanathan, Special Sub

Inspector of Police, Thiruchengode Rural Police Station).

6.

Mr.R.Thamaraiselvan

(Enrolment

No.2816/2006),

learned counsel {with address for service at No.223, Law

Chambers, High Court, Chennai } accepted notice for respondents

3 and 4. The position that Mr.R.Thamaraiselvan, learned counsel is

representing respondents 3 and 4 is recorded without insisting on

the formality of filing of vakalatnama as learned counsel is present

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H.C.P.No.1513 of 2023

in Court. However, it is open to the learned counsel to file

vakalatnama between now and issue of certified copy though

captioned HCP is being disposed of in and by this order. Registry

shall take on record the vakalatnama if otherwise in order.

7.

In the light of the nature of the matter, with the

consent of learned counsel on both sides and the learned

Prosecutor, the main HCP was taken up.

8.

Learned Prosecutor submitted that the aforementioned

complaint is being acted upon. Be that as it may, learned counsel

for respondents 3