Gandhimathi, Age 38 Years, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2017
CORAM
THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.1584 of 2017 Gandhimathi ... Petitioner Vs
1. The Superintendent of Police Tiruvarur District Tiruvarur
2. The Superintendent of Police Nagapattinam District Nagapattinam
3. The Inspector of Police Tiruvarur Town Police Station Tiruvarur
4. Mooventhan
5. Gajendran
6. Muthukumari ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to issue a direction to respondents 1 to 3 to produce the body of the detenu by name Abarna, aged 17 years before this Court. For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.V.M.R.Rajentran 1 to 3 Additional Public Prosecutor
O R D E R
[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 respondents 1
to 3 to trace out and produce the detenue by name Abarna, aged 17 years, daughter of the petitioner.
2. The petitioner is not present, whereas her counsel is present. The third respondent viz., The Inspector of Police, Tiruvarur Town Police Station, has produced the alleged detenue and she has been enquired about her mother and father. She has stated to the effect that the petitioner is her mother.
3. It is seen from the records that the detenue has got birth on 26.03.2000. Therefore, it goes without saying that the detenue has not attained majority.
4.Considering the above said factual circumstances, the third respondent is directed to house the detenue in the home mentioned infra:
" Karunalaya Home No.41, North Street Kamalambal Nagar Tirvarur Medical Centre Backside Thiruvarur"
5.In fine, the third respondent is directed to house the detenu in the home till she attains majority. The petitioner is at liberty to file petition subsequently.
This Habeas Corpus Petition is disposed of with the above direction.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gpa To
1. The Superintendent of Police Tiruvarur District Tiruvarur
2. The Superintendent of Police Nagapattinam District Nagapattinam
3. The Inspector of Police Tiruvarur Town Police Station Tiruvarur
4. Karunalaya Home No.41, North Street Kamalambal Nagar Tirvarur Medical Centre Backside Thiruvarur.
5. The Public Prosecutor, High Court, Madras.
+1cc to Mr.N.Mohideen Basha, Advocate, S.R.No.61543 H.C.P.No.1584 of 2017 GR(CO) CA(28/08/2017)