D.M.Nagarajan, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR HCP.No.452 of 2018 D.M.Nagarajan ... Petitioner -Vs1.The State rep. By The Inspector of Police, M-5, Vadavalli Police Station, Marudhamalai Main Road, Vadavalli, Coimbatore.

2.The Commissioner of Police, Office of the Commissioner, Huzur Road, Coimbatore-18.

3.V.Jeya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents to cause the production of the body of the detenu viz., Mageshwaran, S/o.D.M.Nagarajan, aged about 7 years old, from the illegal custody of the 3rd respondent and produce before this Honourable Court and handover custody to the petitioner.

For Petitioner : Mr.Udaya P.S.Menon For Respondents: Ms.R.Prabhavathi Additional Public Prosecutor (RR1 & 2)

ORDER

[Order of the Court by C.T.SELVAM, J.] Petitioner, who is the father of the detenu viz., Mageshwaran, aged 7 years, seeks production of his son.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/

3. Today, the parties, who are the husband and wife, are before us, along with their child. Both husband and wife are unable to see eye-to-eye and only make allegations against each of them.

4. In the circumstance, this Court, recording the position that the third respondent/wife will not stand in the way of the petitioner communicating/conversing with their minor child over Skype or other electronic mode of face to face communication, would close this Habeas Corpus Petition. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kmi To:

1.The Inspector of Police, M-5, Vadavalli Police Station, Marudhamalai Main Road, Vadavalli, Coimbatore.

2.The Commissioner of Police, Office of the Commissioner, Huzur Road, Coimbatore-18.

3.The Public Prosecutor High Court, Madras.

+2cc to Mr.V.Vijaya Kumar, Advocate, S.R.No.23496 HCP. No.452 of 2018 RJ(CO) GSP(29/06/2018) https://hcservices.ecourts.gov.in/hcservices/