IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06/02/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR
Habeas Corpus Petition No.97 of 2006
Manimekalai ... Petitioner
-Vs-
1. The Superintendent of Police,
Namakkal District,
Namakkal.
2. The Inspector of Police,
All women Police Station,
Tiruchengode,
Namakkal District.
3. T.A.Radhakrishnan
4. A.Gopalakrishnan
5. A.Mohanasundaram
6. N.Palaniappan ... Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a writ of habeas corpus directing the respondents to produce the
body of the detenu by name Anandhakrishnan @ Babu from the illegal custody of
respondents-3 to 6 before this Court and set him at liberty.
!For Petitioner : Mr.N.Manokaran
^For R-1 & R-2 : Mr.M.K.Subramanian,
Govt. Advocate (Crl. Side)
For R-3 to R-6 : Mr.Selvaraju
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
– – – – –
Pursuant to the direction of this Court, the detenu by name
Anandhakrishnan @ Babu appeared before us.
2. It is the case of the petitioner that she married detenu
Anandhakrishnan on 30.11.2004 by exchange of garlands and in the presence of
well-wishers. This has been stoutly denied by the third respondent herein,
who is none else than the father of the detenu.
3. On our enquiry, detenu Anandhakrishnan, who is a Computer
Engineer, aged about 28 years, specifically stated that he has nothing to do
with the petitioner and that no such marriage had taken place as claimed by
her. He further informed that, on the other hand, on 25.01.2 006, he married
one P.Nithya, Daughter of Palaniappan, at Shri Arupadai Murugan Sannathi,
Kondappanaickenpatti, Salem-8. He also informed this Court that subsequent to
the marriage, the same has been registered with the Marriage Registrar, Salem
West, on 30.01.2006. He produced a copy of the Marriage Registration
Certificate in support of his stand.
4. Considering the fact that the detenu is a Computer Engineer, aged
about 28 years, and the assertion made by him of his marriage with one Nithya
and also taking note of the document produced, evidencing such marriage, we
are of the view that the grievance of the petitioner cannot be gone into by
this Court in this Habeas Corpus Petition. It is made clear that if the
petitioner feels aggrieved, she is free to approach the appropriate
forum/court.
5. In this view of the matter, the Habeas Corpus Petition is
dismissed.
JI.
To
1. The Superintendent of Police,
Namakkal District,
Namakkal.
2. The Inspector of Police,
All women Police Station,
Tiruchengode,
Namakkal District.