Santhi, Aged 35 v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1520 of 2018 Santhi W/o.Arumugam ..Petitioner/Mother of the detenue vs.

1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondents to produce the detenu Srinivas S/o.Arumugam, aged 15 years, before this Court, to entrust custody of the son of the petitioner herein to secure the ends of justice. For Petitioner :Mr.R.Sankarasubbu For Respondents:Mr.M.Mohamed Riyaz Additional Public Prosecutor [R1 &R2]

O R D E R

[Order of the Court was made by C.T.SELVAM, J] Petitioner has filed this petition seeking a direction to the respondents to produce her minor son, the detenu Srinivas S/o.Arumugam, aged 15 years, before this Court and restore him to the custody of petitioner.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents.

3. Second respondent has, on the complaint of one Velu, registered a case in Crime No.253 of 2018 on 27.06.2018 in respect of his son Vignesh having gone missing. In keeping with the petitioner's affidavit that the said Vignesh had gone missing along with her son. Both petitioner's son Srinivas as also Vignesh, aged 15, inform that they had boarded a lorry towards visiting a friend at Tondiarpet, Chennai and on https://hcservices.ecourts.gov.in/hcservices/

wishing to stay at Chennai, started working at a laundry where they were fed and provided for.

4. Learned Additional Public Prosecutor submits that the whereabouts of both boys had been traced and thereupon both had returned to their respective homes. Petitioner affirms such position and informs that she as also both boys have appeared before this Court at the instance of second respondent. Vignesh informs of he and Srinivas being closely related. However, petitioner informs that they are unrelated but both have lived in same street and are childhood friends.

5. The son of petitioner viz., Srinivas is placed in the custody of petitioner. Second respondent is directed to entrust custody of the other boy Vignesh to his father Velu. The Habeas Corpus Petition shall stand closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gm To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1520 of 2018 CA(CO) EU(17/10/2018) https://hcservices.ecourts.gov.in/hcservices/