KALAIVANI Vs. THE STATE

JUDGEMENT

(1.) The present Habeas Corpus Petition has been filed to secure the detenu namely, Mr.C.Rajan, son of Chandran, male aged about 28 years.

(2.) The factual matrix to be considered for the purpose of the present Habeas Corpus Petition is that the petitioner is none other than the wife of the detenu. The petitioner states that she married the detenu, C.Rajan on 08.09.2016 at Sri Thiyagarayasamy Thirukovil, Theradi, Thiruvotriyur, Chennai as per Hindu Rites and Customs. The petitioner and the detenu were living together in the matrimonial home at Door No.29, S.P.Koil Street, Sadayankuppam, Thiruvotriyur. Out of the wedlock, a female baby namely Megavarshini was born on 26.06.2017. After the child was born, the attitude of the detenu with the petitioner was not normal and he avoided coming to home and neglected the petitioner as well as the child. Subsequently, the petitioner came to understand that the detenu had an illegal affair with one lady, viz., Mohana, who was the neighbour of the detenu's residence. Thus, the petitioner was under the suspicion that the detenu had been illegally detained by the said Mohana, who was having illicit relationship with the husband of the petitioner.

(3.) The learned Government Advocate appearing on behalf of the respondent police in support of the additional Status report filed by P.R.Chidambaramurugesan, Inspector of Police, H8, Tiruvottriyur Police Station, Chennai, said that the respondent police had taken all sincere efforts. After conducting an elaborate investigation, a Special team was constituted, headed by one Kumar, Sub Inspector of Police. During the enquiry, they found that the detenu eloped with Mohana and they are living together at SIPCOT Industrial Area, Hosur and the detenu was working in TTK Cooker Company in SIPCOT Industrial Complex and the said Mohana is also working in Pallavi Super Market, Bagalur Road at Hosur. The Special team observed the behaviour of the detenu as well as the said Mohana for about two days. However, both of them were absconding.