R.Krishnan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2218 of 2017 R.Krishnan ... Petitioner -vs1. State rep. by The Inspector of Police, Keezhkattalai Police Station, Chennai-600 117.

2. N.Shanthi

3. R.Sundararaman ... Respondents * * * Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the person and body of the petitioner's daughter "Minor Nandhini Krishnan" aged about 2 years and 2 months, before this Court and set her at liberty. * * * For Petitioner :

Mr.K.Govi Ganesan For Respondents:

Mr.V.M.R.Rajentran Additional Public Prosecutor

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.]

1. The main relief sought in the petition was to secure the petitioner's minor child, i.e., Nandhini Krishnan, who is aged about two (2) years and two (2) months.

2. On the previous date, the child along with petitioner's wife Ms.Manju Bashini, were produced.

3. We have indicated in our order dated 12.12.2017, that both the petitioner and his wife/Ms.Manju Bashini, have taken https://hcservices.ecourts.gov.in/hcservices/

out proceedings against each other. We have also recorded the address, where, Ms.Manju Bashini, is, presently, located in the aforementioned order.

4. Since, Ms.Manju Bashini, has taken recourse to C.R.P.No.4454 of 2017 (CRP) against order dated 31.10.2017, passed in I.A.No.425 of 2017 in H.M.O.P.No.435 of 2017, the matter concerning visiting rights, if at all, can be agitated by the parties in the aforementioned proceedings. 4.1. Ms.V.Santhakumari, Advocate, who appears on behalf of Ms.Manju Bashini, has given us several alternatives, where, the child could be produced or interact with the petitioner. According to us, these alternatives should be presented before the Court, where, the CRP is pending.

5. According to us, no further orders can be passed in the captioned petition. It is, accordingly, closed.

6. It is, however, made clear that, in case, Ms.Manju Bashini, were to relocate herself from the address given below, she would intimate the new address to the petitioner via written communication, which would be sent by registered post (recorded delivery) : "No.18 and 19, I Main, II Cross, Bhoo Shreshta Layour, Maragondanahalli, TC Palya, Bengaluru-560 036". Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gg To

1. The Inspector of Police, Keezhkattalai Police Station, Chennai-600 117.

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

+1cc to Mr.K.SHANTHA KUMAR, Advocate, S.R.No. 90167 +1cc to Mr.K.GOVI GANESAN Advocate, S.R.No. 89320 H.C.P.No.2218 of 2017 SSI(CO) TR(22/01/2018) https://hcservices.ecourts.gov.in/hcservices/