Shanthi v. State Represented by Superintendent of Police, Tirunelveli
2013-01-11
M.JAICHANDREN, S.NAGAMUTHU
body2013
DigiLaw.ai
Judgment M. JAICHANDREN, J. 1. This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents 1 to 3 to secure the detenue, namely, Kalaivani, aged about 34 years, the daughter of the petitioner, from the illegal custody of the fourth respondent and to produce her before this Court and to set her at liberty. 2. At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor, appearing on behalf of the respondents 1 to 3, had submitted that, when the detenue had gone missing, on an earlier occasion, a complaint had been lodged by the husband of the detenue, namely, Padmanaban, before the second respondent police and the complaint was registered in Crime No.75 of 2012. Thereafter, the detenue had been produced before the learned Judicial Magistrate, Sankarankovil, on 05.03.2012, and the detenue had been handed over to her husband, namely, Padmanaban. Thereafter, the detenue had eloped, once again, with the fourth respondent. 3. in view of the said submission made by the learned Additional Public Prosecutor, appearing on behalf of the respondents 1 to 3, this Court is of the prima facie view that the detenue is not in the illegal custody of the fourth respondent, as alleged by the petitioner. Therefore, no further orders are necessary in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed.