M.A.Mohiadeen v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.09.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.2055 of 2015 M.A.Mohiadeen S/o.M.P.Abdul Ameed ... Petitioner vs.

1. State represented by The Sub-Inspector of Police, G.5, Soonampedu Police Station, Kancheepuram District.

2. K.M.Akbar Sait ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents herein to produce the petitioner's children (1) M.Mohamed Riyaz, aged 6 years and (2) M.Shahina, aged 4 years, before this Court and set them at liberty. For Petitioner :

M/s.G.Bala and Daisy For Respondents :

Mr.A.N.Thambi Durai Additional Public Prosecutor [R1] Mr.J.C.Durairaj [R2]

O R D E R

(Order of the Court made by S.TAMILVANAN, J.) This petition has been filed by petitioner/father of the detenues viz., (1)M.Mohamed Riyaz, aged 6 years and (2) M.Shahina, aged 4 years, to cause production of his children before this Court.

2. Heard learned counsel for petitioner, learned Additional Public Prosecutor and learned counsel for second respondent.

3. The mother of the children/detenues had committed suicide. Now, the detenues are under the custody of their maternal grand father. In the said circumstances, it is clear that there has been no https://hcservices.ecourts.gov.in/hcservices/

illegal detention of the detenues.

Accordingly, this Habeas Corpus Petition is dismissed. However, it is open to the petitioner to approach the appropriate forum seeking his remedy.

-Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar gm To 1.The Sub-Inspector of Police, G.5, Soonampedu Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1 cc to Mr.G.Bala & Daisy,Advocate(sr.49554) H.C.P.No.2055 of 2015 ppa(co) cp 30/09/2015 https://hcservices.ecourts.gov.in/hcservices/