S.Moorthy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.10.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.2497 of 2015 S.Moorthy S/o.Subramani ... Petitioner/Husband and Father of the Detenues vs.

1.State represented by The Superintendent of Police, Thiruvannamalai District.

2.The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

3.Parthasarathy 4.Kungsan @ Arumugam, S/o.Muthan ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing respondents 1 and 2 to produce the detenues, (i) petitioner's wife Kavitha, aged about 30 years, (ii) petitioner's elder daughter Omsri, aged about 12 years and (iii) petitioner's younger daughter Revathi, aged about 11 years, before this Court and handed over with her custody to the petitioner's herein and set the detenues at liberty forthwith. For Petitioner :

Mr.R.Sasikumar For Respondents:

Mr.A.N.Thambi Durai Additional Public Prosecutor [R1&R2] ***** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court made by S.TAMILVANAN, J.) This petition has been filed by petitioner to produce the detenues viz., (i) Kavitha, aged about 30 years, (ii) Omsri, aged about 12 years and (iii) Revathi, aged about 11 years, before this Court.

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

3. The alleged detenues have been produced before this Court. Petitioner is not present. Learned Additional Public Prosecutor submits that the respondent police has intimated the petitioner regards production of detenues before this Court today.

4. On enquiry, the detenue Kavitha stated that she is living with her grand mother along with her children and she is not willing to go along with petitioner/her husband. Recording the submission made by the alleged detenues that there is no illegal detention by anybody, this petition is closed as nothing further remains to be considered in this petition.

sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR gm To 1.The Superintendent of Police, Thiruvannamalai District.

2.The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

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

H.C.P.No.2497 of 2015 CO-ALA JD 29/10/2015 https://hcservices.ecourts.gov.in/hcservices/