Senthil Kumar v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.81 of 2025 Senthil Kumar ... Petitioner/Father of the detenu Vs.
1.The Superintendent of Police, Office of Superintendent of Police, Thiruchencode Road, Namakkal, 2.The Inspector of Police, Komarapalaiyam Police Station, Komarapalaiyam, 3.Jesse Edward James ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, or any other appropriate writ order or direction in the
nature of writ, to direct the 2nd respondent herein to produce the petitioner Daughter Femeena aged about 21 years D/o. Senthil Kumar before this Hon'ble Court from the illegal custody of the 3rd respondent and set her at liberty. For Petitioner : Mr.S.Conscious Ilango For Mr.D.Arun For Respondents (R1 & R2) : Mr.R.Muniyapparaj Additional Public Prosecutor (For R3) : Mr.T.R.Prabhakaran
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of Habeas Corpus Petition has been instituted to direct the second respondent to produce the daughter of the petitioner namely Ms.Femeena, aged about 21 years.
2. The second respondent Police secured the detenue and produced before this Court today.
3. The detenue and the third respondent are friends. We have examined the
detenue. She is pursuing Second year Bio-Medical Engineering Course. She is staying in a Hostel at Chennai. Further, she says that her personal expenditures are made by the third respondent, who is now working at Canada. The detenue is not willing to join with her parents. She is willing to join with the third respondent at Canada after sometime.
4. Thus, we could able to find that the detenue is not under illegal detention. The detenue made a submission that her original educational certificates are with the petitioner/father and therefore, she is unable to submit an application for Passport.
5. In this regard, the petitioner/father, who is present before this Court, undertakes that he will hand over all the original educational certificates and documents, Birth Certificate, Pan Card, Voter ID, Aadhar Card of the detenue to the 2nd respondent Police, who in turn, shall hand over the same to the detenue and receive acknowledgement. The petitioner/father is directed to hand over the above said documents to the 2nd respondent / Police within a period of one week from today.
6. The third respondent also appeared before this Court through Videoconferencing. He has also acknowledged that he is ready to meet out the expenditures of the detenue for her education and stay at Chennai.
7. This being the understanding between the third respondent and the detenue, no further adjudication needs to be undertaken. Consequently, the Habeas Corpus Petition stands disposed of.
[S.M.S., J.] [M.J.R., J.] 10.01.2025 (2/2) Index :
Yes/No Speaking Order :
Yes/No :
Yes/No kak To 1.The Superintendent of Police, Office of Superintendent of Police, Thiruchencode Road, Namakkal, 2.The Inspector of Police, Komarapalaiyam Police Station, Komarapalaiyam,
3.The Additional Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN , J.
kak H.C.P.No.81 of 2025 (2/2) 10.01.2025