K.M.Sathya v. The State Of Tamil Nadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR H.C.P.No.532 of 2024 K.M.Sathya ... Petitioner/Father of the detenue Vs.
1.
The State of Tamil Nadu Represented by The Superintendent of Police, Chengalpattu District.
The Inspector of Police, Kalpakkam Police Station, Chengalpattu District.
Mohan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents herein to produce the petitioner's minor child namely S.Thamizhini, aged about 6 years, from illegal custody of the third respondent and produce before this Court forthwith and handover the custody to the petitioner and pass such further orders.
For Petitioner : Mr.K.Thilagaraj For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The habeas corpus petition has been instituted to direct the first and second respondents herein to produce the petitioner's minor child namely S.Thamizhini, aged about 6 years, from illegal custody of the third respondent.
Mr.E.Raj Thilak, the learned Additional Public Prosecutor would submit that the minor girl is not in an illegal custody. After the death of the mother of the minor child, she is now brought up by the maternal grandparents.
That being the fact, the custody cannot be termed as illegal detention. If at all any dispute exist between the parties they are at liberty to approach the competent Court of law for the purpose of resolving the issues.
4.
Accordingly, the habeas corpus petition stands dismissed. [S.M.S., J.] [N.S., J.] 29.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The State of Tamil Nadu Represented by The Superintendent of Police, Chengalpattu District.
The Inspector of Police, Kalpakkam Police Station, Chengalpattu District.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND N.SENTHILKUMAR, J.
veda H.C.P.No.532 of 2024 29.08.2024