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Madras High CourtHCP/1939/2017closed

Ammu v. State Rep. By Its

2017-11-15Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.11.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1939 of 2017 Ammu ... Petitioner Vs.

State rep. by its The Inspector of Police, Triplicane Police Station, Triplicane, Chennai.

...Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondent to produce the body of the petitioner's daughter M.Gayathiri, aged 17 years and set her at liberty. For Petitioner : Mr.K.Prabakar For Respondent : Mr.V.M.R.Rajentran, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by RAJIV SHAKDHER, J)

1. In this matter, notice was issued on 24.10.2017. Whereupon, the matter was listed on 08.11.2017. 1.1. On 08.11.2017, Mr.V.M.R.Rajentran, learned Additional Public Prosecutor (APP), sought time to produce the detenue. 1.2. Today, the learned APP mentioned the matter and requested that the petition be listed for hearing as the detenue has been secured.

1.3. We informed the learned APP that we will take up the matter only if the petitioner's counsel and the petitioner were also present in Court.

1.4. Thus, in these circumstances, though the captioned matter was not initially listed for hearing today, a supplementary list was taken out by the Registry in this behalf, post the matter being mentioned by learned APP and requisite permission being obtained from us.

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2. The petitioner as well as the petitioner's counsel Mr.K.Prabakar are present in Court.

3. The detenue/Ms.M.Gayathiri is also present in Court. 3.1. From our interaction with the petitioner as well as the detenue/Ms.M.Gayathiri, we have discerned that the detenue/Ms.M.Gayathiri left the house and married, one, Mr.Palanivel.

3.2. We asked the detenue whether she would want to return to her parents; to which, her response was that she would like to remain with her parents.

4. In these circumstances, no further orders are called for . The petition is accordingly closed. The respondents are directed to handover the custody of the detenue/Ms.M.Gayathiri to the petitioner.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar kk To

1. The Inspector of Police, Triplicane Police Station, Triplicane, Chennai.

2. The Public Prosecutor, Madras High Court, Chennai.

+1 CC to Mr.K. Prabakar, Advocate sr 81266.

H.C.P.No.1939 of 2017 RK(CO) SP(20/12/2017) https://hcservices.ecourts.gov.in/hcservices/