Kavitha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 04.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 213 OF 2015 Kavitha .. Petitioner - Vs -

1. The State of Tamil Nadu rep. by Secretary to Government Home Department, Fort St. George Chennai 600 009.

2. The Superintendent of Police Kancheepuram District Kancheepuram.

3. The Inspector of Police Acharapakkam Police Station Maduranthakam Taluk Kancheepuram District.

4. The Inspector of Police Melmaruvathur Police Station Maduranthakam Taluk Kancheepuram District.

5. S.Elumalai.

.. Respondents Petition filed for the issuance of a writ of habeas corpus directing the respondents 1 to 4 to produce the petitioner's sons, viz., Rajani Raja, aged 10 years and Vikramadithan, aged 9 years, kidnapped on 17.10.2014 at Iyyanar Temple, Acharapakkam, Maduranthakam Taluk, Kancheepuram District, particularly by the fifth respondent and set them at liberty.

For Petitioner : Mr. R.Thanjan For Respondents: Mr. A.N.Thambidurai, APP for RR-1 to 4

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed by the petitioner for a direction to respondents 1 to 4 to produce the petitioner's sons, viz., Rajani Raja, aged 10 years and Vikramadithan, aged 9 years, kidnapped on 17.10.2014 at Iyyanar Temple, Acharapakkam, Maduranthakam Taluk, Kancheepuram District, particularly by the fifth respondent and set them at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for respondents 1 to 4.

3. It is represented by the learned counsel appearing for the petitioner that the alleged detenues have been returned to the petitioner and are presently in her custody. It is submitted by the learned Addl. Public Prosecutor that the petitioner had foisted a false case against the fifth respondent as if the fifth respondent had abducted her children, viz., the detenues.

4. Be that as it may, even according to the learned counsel for the petitioner, the detenues, viz., the children of the petitioner are back in the custody of their mother, the petitioner. In such view of the matter, nothing further survives for adjudication and, accordingly, this habeas corpus petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar GLN To

1. The Secretary to Government Government of Tamil Nadu Home Department, Fort St. George Chennai 600 009.

2. The Superintendent of Police Kancheepuram District Kancheepuram.

3. The Inspector of Police Acharapakkam Police Station Maduranthakam Taluk Kancheepuram District.

4. The Inspector of Police Melmaruvathur Police Station Maduranthakam Taluk Kancheepuram District.

5. The Public Prosecutor High Court, Madras.

1 cc to M/s.R. Thanjan, Advocate, Sr. 399 H.C.P. NO. 213 OF 2015 PPA (CO) kk 22/1