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Madras High CourtHCP/516/2017disposed of

Thiru.Munisamy, M/Aged About v. The Inspector Of Police,

2017-08-22Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.516 of 2017 Munisamy ... Petitioner vs.

1.The Inspector of Police, Jolarpet Police Station, Vellore District.

2.Tamilarasan 3.Chinnathambi 4.Thavamani 5.Pechimuthu 6.Nagaraj 7.Krishnan ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents 1 to 7 to produce the person and body of the petitioner's minor daughter M.Elamathi, aged about 15 years, before this Court and hand over her custody to the petitioner herein.

For Petitioner :Mr.E.Kannadasan For Respondents :Mr.V.M.R.Rajentren,Addl.P.P. for R1

ORDER

(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 first respondent to trace out and produce the detenue, by name, M.Elamathi, aged 15 years, daughter of the petitioner.

2. The petitioner is present and he has been identified by his counsel.

3.The first respondent, viz., the Inspector of Police, Jolarpet Police Station, has produced the detenue and she has https://hcservices.ecourts.gov.in/hcservices/

been identified by the petitioner/her father. 4.It is seen from the records that the detenue has got birth on 23.06.2002 and she has attained only 15 years. The detenue has stated that she is not willing to go with the petitioner/her father.

5.Under such circumstances, the first respondent is directed to house the detenue as stated infra: In fine, the first respondent is directed to house the detenue in the Home, viz., 'Ujjauala Rehabilitation Home', Tirupathur, till she attains majority. If there is any subsequent change, on the part of the detenue, liberty is given to file petition.

5.With the above observation, this habeas corpus petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar msk To 1.The Inspector of Police, Jolarpet Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

3.The Social Worker Vijjauala Rehabilitation Home Tirupathur H.C.P.No.516 of 2017 mn(co) aa22/08/2017 https://hcservices.ecourts.gov.in/hcservices/