Palaniammal v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2021
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM H.C.P.NO.312 OF 2020 Palaniammal .. Petitioner Vs.
1.
The Superintendent of Police, Manjakuppam, Cuddalore - 608 502.
The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Panruti,Cuddalore - 608 502.
The Inspector of Police, Parangipettai Police Station, Parangipettai, Cuddalore District.
The Correspondent, SevaMandhir,Parangipettai, Cuddalore District.
5.
Jagath 6.
Elavarasan .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the 2nd respondent police to produce the body of the petitioner's minor daughter Nivesha, aged about 17 years, from the custody of the 4th respondent before this Court and hand over the custody of the minor girl to the petitioner.
For Petitioner :
Mr.B.Mohanraj For Respondents:
Mr.R.Prathap Kumar R1 to 3 Additional Public Prosecutor R4 :
Mr.R.Sethurarayar
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent police to produce the body of the petitioner's minor daughter Nivesha, aged about 17 years, from the custody of the 4th respondent before this Court and hand over the custody of the minor girl to the petitioner. It is the case of the petitioner that her daughter Nivesha, aged about seventeen years, is under the illegal custody of the respondents 4 to 6.
Today, Mr.P.Tharmalingam, Sub-Inspector of Police, Parangipettai Police Station, Cuddalore District, Nivesha (detenue), Ilavarasan, detenue's brother and Manikandan (Mobile No.9095728007), detenue's junior paternal uncle, are present. Nivesha (detenue) stated that her date of birth is 26.01.2003 and she is studying B.A.(Tamil) first year in Government Women's College at Kumbagonam. She further stated that her mother was making arrangements for her marriage with some other person and therefore, she left her mother's company and staying with her junior paternal uncle Manikandan and brother Ilavarasan.
5.
Ilavarasan is aged about twenty three years and is in employment. Thus, it is seen that Nivesha is not in the illegal custody of anyone and that she is with her own paternal uncle and own brother at Door No.243/5, East Street, Seerangakuppam, Mettukuppam Post Office, Neyveli - 2.
Recording the same, this habeas corpus petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To 1.
The Superintendent of Police, Manjakuppam, Cuddalore - 608 502.
The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Panruti, Cuddalore - 608 502.
The Inspector of Police, Parangipettai Police Station, Parangipettai, Cuddalore District.
The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Sethurarayar, Advocate, S.R.No.3194 H.C.P.No.312 of 2020 SV(CO) CS/11/02/2021