POONKUYIL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the the second respondent to produce the detenu, namely, Kanagaraj, aged about 30 years, the husband of the petitioner, before this Court and to set him at liberty.

(2.) THE petitioner has stated that she had married the detenu, namely, Kanagaraj, on 28.9.2009, at Vilappatty Village, in the presence of elders and relatives, as per Hindu rites and customs. Thereafter, they had been residing together. Out of the wedlock, a female child, by name, Pooja had been born and they had been residing at her parents house at Vilappatty. While so, the detenu had developed illicit intimacy with one Suriya and he had been living with her, at Tiruppur. Therefore, the petitioner had sent a representation to the respondents, on 10.12.2012, by registered post stating that her husband, namely, Kanagaraj, had been missing. Since no action had been taken by the respondents, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

(3.) IN such circumstances, this Court is of the view that the present Habeas Corpus Petition, filed by the petitioner, to direct the respondents to trace the detenu and to produce him before this Court, is not maintainable, as the detenu is not in the illegal custody of any one, as per the statements made in the affidavit filed in support of the petition. Hence, the Habeas Corpus Petition stands dismissed.