Rajamani v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.04.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.744 of 2015 Rajamani

...Petitioner

-v1. The Commissioner of Police, Tiruppur City, Tiruppur.

2. The Inspector of Police, Tiruppur North Police Station, Tiruppur.

3. Karuppiah @ Kaviarasu

...Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the second respondent to produce the body of the petitioner daughter, namely, Revathi, daughter of Late Planaisamy, aged about 17 years before this Court by issuing a writ of Habeas Corpus and to set her at liberty.

For Petitioner :

Mr.R.Jayaprakash For Respondents :

Mr.A.N.Thambi Durai Additional Pubic Prosecutor for R1 and R2 For 3rd Respondent :

Mr.E.Selvaraj

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) This petition has been filed by the petitioner/mother of the detenue, Revathi, aged about 18 years, to cause production of the detenue, before this Court.

https://hcservices.ecourts.gov.in/hcservices/

2. In the previous hearing, the alleged detenue Revathi is secured and produced before this Court by the respondent police.

3. On enquiry, the detenue told us that she is a major and there is no illegal detention as alleged by the petitioner. In support of her contention, a Xerox copy of the School Certificate has been produced before this Court. As per the School Certificate, she has completed 18 years. Being a major, she has a fundamental right to decide her life as she is not willing to go along with the petitioner and there is no illegal detention. It is open to the petitioner to work out her remedy before the appropriate Court, if law permits.

4. In view of the categorical statement made by the detenue, nothing further remains to be considered in this habeas corpus petition. Accordingly, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(R) //True Copy// Sub Assistant Registrar kal To

1. The Commissioner of Police, Tiruppur City, Tiruppur.

2. The Inspector of Police, Tiruppur North Police Station, Tiruppur.

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

1 CC to Mr.R.Jayaprakash, Advocate SR.No. 22791 H.C.P. No.744 of 2015 AK (CO) PSI (14.05.2015) https://hcservices.ecourts.gov.in/hcservices/