R. Mohana Krishnan vs The Superintendent Of Police on 20 February, 2006

Madras High Court

       

  

  

 
 
 In the High Court of Judicature at Madras

Dated: 20/02/2006

Coram

The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K. SAMPATHKUMAR

HCP.No.156 of 2006

R. Mohana Krishnan                                     .. Petitioner

-Vs-

1. The Superintendent of Police
   S.P. Office
   Tiruvellore District.

2. The Inspector of Police
   Taluk Police Station
   Tiruvellore District.

3. Yamini
4. Vasuki
5. S. Manickavelu                                       .. Respondents


        Petition  filed under Article 226 of the Constitution of India praying
for issuance of writ of habeas corpus as stated therein.

For petitioner :  Mr.  R.  Karunagaran

For respondents:  Mr.  Abudukumar Rajarathinam
                1 and 2
                Govt.  Advocate (Crl.side)
:ORDER

(Order of the Court was made by P. SATHASIVAM,J.)
Pursuant to the direction of this Court, Santhoshkumar, son of
the petitioner, appeared before us. According to him, he is aged about 2

8 years. Though it is alleged by the petitioner in the petition that his son
Santhoshkumar was under the illegal custody of 5th respondent, the detenu
informed us that at present he is working at Hyderabad and he is not under the
illegal custody of anyone, including the 5 th respondent. He further informed
this Court that due to misunderstanding between himself and his wife Heema
Bindhu, he is not interested in continuing the marital life with her and is
going to approach the concerned Court for necessary relief. We also enquired
his wife Heema Bindhu. She expressed that in view of the strained
relationship with the detenu, it would be difficult for her to continue the
marital life with him.

Taking note of the stand of the detenu Santhoshkumar, who
being a major and in the light of his assertion, we are of the view that the
detenu is not under the illegal custody of anyone and he is set at liberty.
Accordingly, no further direction is required in this petition and the same is
closed. The parties are at liberty to approach the appropriate forum to
vindicate their grievance if any.

Index:Yes
Internet:Yes
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1. The Superintendent of Police
S.P. Office
Tiruvellore District.

2. The Inspector of Police
Taluk Police Station
Tiruvellore District.

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