Madras High CourtHCP/1314/2017disposed of

S.Vijayalakshmi, F/A.24 v. The State Rep. By

2017-08-18Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1314 of 2017 S.Vijayalakshmi ... Petitioner vs.

1.State,rep.by The Inspector of Police, Arakkonam Police Station, Arakkonam.

2.S.Suresh Kumar 3.S.Anjalakshmi .... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the first respondent to produce the body or person of the petitioner's son minor Showrish, aged about 6 years, before this Court and set him at liberty.

For Petitioner : Mr.D.S.Ramesh For Respondents :Mr.V.M.R.Rajentren, Addl.P.P.for R1 Mr.A.Suresh Sakthi Murugan R2 &R3

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the first respondent to trace out and produce the detenu, by name, Showrish, aged 6 years, son of both the petitioner and second respondent

2. The petitioner is present and she has been identified by her counsel.

3.The second respondent, viz., the father of the detenu has produced him. The detenu has been identified by the petitioner. The detenu has expressed his willingness that he is willing to go along with the second respondent/father. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the aforesaid factual circumstances, this Court is inclined to pass the following order: In fine, the petitioner is directed to file relevant petition before the proper forum for getting custody of the detenu.

5.With the above observation, this petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar msk To 1.The Inspector of Police, Arakkonam Police Station Arakkonam 2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.S.Ramesh Advocate sr 59442 +1 cc to Mr.A.Suresh Sakthi Murugan Advocate sr59510 H.C.P.No.1314 of 2017 sj(co) aa04/09/2017 https://hcservices.ecourts.gov.in/hcservices/