MADURAI: A couple from Kovilpatti recently earned the wrath of the Madurai Bench of Madras High Court for filing a false Habeas Corpus Petition (HCP) to avoid repaying their debt. Justice B Pugalendhi dismissed their petition and imposed Rs 1 lakh cost on them for misusing the court.
J Sowkiyadevi filed the petition last year claiming her husband K Jeyavelan, an advocate in Kovilpatti, was missing since May 5, 2020. She alleged that he was abducted by a person who had loaned them money, with the help of a sub-inspector of police from Senkottai.
Initially, the court contacted the moneylender who claimed Jeyavelan owed him `30 lakh. “Since he could not return the money, he had agreed to execute some documents in my favour on May 5 but did not turn up at the Sub Registrar’s office,” the man told the court. Based on court directions, Tenkasi Superintendent of Police formed a team to trace Jeyavelan, and filed status reports in May and June last year.
Justice B Pugalendhi noted police held inquiries with Jeyavelan’s friends and came to know that in June 2020, the petitioner got a sim card from one of her husband’s friends, and spoke to Jeyavelan. Tracing the tower locations and details, police understood that Jeyavelan was intentionally evading them and the moneylender, the judge added.
After conducting inquiries in various districts where Jeyavelan reportedly went hiding, police produced CCTV footage which showed Jeyavelan buying groceries in Usilampatti. However, Sowkiyadevi denied this and claimed it could have been her husband’s brother. Eventually, Jeyavelan resurfaced and filed an affidavit claiming he escaped from the illegal detention of the money lender and was lying low fearing his safety. He also claimed he was unaware of the court proceedings.
Refusing to believe his claims, Justice Pugalendhi held that Jeyavelan deliberately went into hiding to avoid returning the debts and his wife filed this petition to intimidate his creditor.
‘Made the court play their hide and seek game’
The judge, while passing the orders, observed: “In their hide and seek game, this Court as well as the District Police were made parties and were made to waste considerable time and energy.” The court said the fine amount should be paid to the Superintendent of Police, Tenkasi and it will be utilised for paying honorarium to the special team members for their ordeal.
Remaining amount, if any, could be deposited in the TN Police Benevolent Fund, he added. The judge also directed the SP to inquire whether the Senkottai sub-inspector was acting as a collection agent for the moneylender