Madras High CourtHCP/1832/2018closed

Maria Solomi, Aged 32 Years, v. The Commissioner Of Police,

2019-07-18Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.1832 of 2018 Maria Solomi ...

Petitioner Vs 1.The Commissioner of Police, Greater Chennai, Chennai.

2.The Inspector of Police, W-33, All Women Police Station, Madhavaram, Chennai.

3.Michael Mark 4.Rosy Michael 5.Shervin Antony Joseph ...

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondents to produce the body of the petitioner's children namely 1. Alan Sebastian Mark, aged 7 years and 2. Aveline Pearlita Rose, aged 6 years before this Court and handover to the petitioner.

For Petitioner ..

Mr.T.Pappaiah Dharmarajan For Respondents..

Mr.C.Iyyappa Raj, Addl. Public Prosecutor for R1 & R2 Mr.Michael Mark Party-in-person/R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondents to produce the body of the petitioner's children namely 1. Alan Sebastian Mark, aged 7 years and 2. Aveline Pearlita Rose, aged 6 years before this Court and handover them to the petitioner, the present habeas corpus petition has been filed.

2. After making submissions, both sides have agreed that the interim arrangement as ordered by this Court, which is being followed till now, would continue. Accordingly, the petitioner will have the custody of the children for five days as against the respondents 3 to 5 for two days. While this arrangement can continue without any restriction of time, the parties are at liberty to approach the appropriate Court to vary or modify this arrangement, in which case, the matter should be decided on its own merits.

3. With the above observation, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi To 1.The Commissioner of Police, Greater Chennai, Chennai.

2.The Inspector of Police, W-33, All Women Police Station, Madhavaram, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Pappaiah Dharmarajan, Advocate Sr.61424 H.C.P.No.1832 of 2018 spd[co] srg 28/08/2019 https://hcservices.ecourts.gov.in/hcservices/