S.Mahesh Kumar, v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1660 of 2018 S.Mahesh Kumar S/o.G.Selvaraj ...
Petitioner vs.
1.State represented by The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 600007.
2.State represented by The Inspector of Police, Kilpauk Police Station, Kilpauk, Chennai - 600010.
3.The Superintendent, Government Child Care House, No.300, Purasawalkam High Road, Kellys, Chennai - 600010.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's wife Priyanka Devi W/o.S.Mahesh Kumar, aged 17 years, now in the custody of third respondent herein before this Court, restore her back to the petitioner's custody.
For Petitioner : Mr.S.Jegadeeshwaran For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor *****
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 second respondent to produce the petitioner's wife Priyanka Devi W/o.S.Mahesh Kumar, aged 17 years, who is now in the custody of third respondent
before this Court and restore her back to the petitioner's custody.
2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents.
3. Petitioner, informing himself to be the husband of the detenue and that they had a eight months old son, has stated that in May'2018, the detenue went missing from their house in their native place in the Andamans and that he as also his mother-in-law and other relatives had come to Chennai in search of her. The detenue, who is aged only 17, has been found alone at the Kancheepuram Police Station by the Sub-Inspector of Police, Railway Protection Force, Kancheepuram, on 30.05.2018. As the detenue was a minor, she was placed in the custody of Child Welfare Committee and thereafter, she has been placed in the custody of third respondent. Third respondent has produced the detenue today. Petitioner as also the mother of the detenue are present. The detenue identified the petitioner as her husband as also her mother. The infant child of about eight months is under care of the mother of the detenue. Detenue informs intent to accompany the petitioner and her mother back to their home at Andamans. Petitioner and detenue's mother are also agreeable to such course.
Recording such position and permitting the detenue to act in keeping with the intent above recorded, this Habeas Corpus Petition shall now stand closed with the observation that the formalities in connection with the release of the detenue from the third respondent home shall be completed in the course of the day. The money as also the cell phone recovered from the detenue shall be handed over to her.
Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar gm To 1.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 600007.
2.The Inspector of Police, Kilpauk Police Station, Kilpauk, Chennai - 600010.
3.The Superintendent, Government Child Care House, No.300, Purasawalkam High Road, Kellys, Chennai - 600010.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Jegadeeshwaran , Advocate SR.No. 58276 H.C.P.No.1660 of 2018 ASK(17/09/2018)