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Madras High CourtHCP/1632/2020allowed

Mathiyalagan v. The State Rep.By

2020-11-11Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1632 of 2020 Mathiyalagan .. Petitioner Vs.

1.The State Rep by The Superintendent of Police, Perambalur, Perambalur District.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.Prabu Deva .. Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the second respondent herein to secure and produce the body of the petitioner's daughter Kiruthika, aged 16 years and 9 months, who born on 26.11.2003 before this Court from the custody of the third respondent and to hand over the custody of the minor girl to this petitioner.

For Petitioner : No Appearance For Respondents :

Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the second respondent herein to secure and produce the body of the petitioner's daughter Kiruthika, aged 16 years and 9 months, from the custody of the third respondent and to hand over the custody of the minor girl to this petitioner, the present habeas corpus petition has been filed.

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2. There is no representation on behalf of the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for respondents 1 and 2.

4. Learned Additional Public Prosecutor submitted that the detenue has been secured and handed over the Child Welfare Committee, which in turn sent the detenue to the Government Aided Rescue Home, Perambalur.

5. In view of the above, the habeas corpus petition stands closed. Liberty is also given to the petitioner to work out the remedy in the manner known to law including approaching the Child Welfare Committee.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Superintendent of Police, Perambalur, Perambalur District.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Ilamurugu, Advocate SR.NO.36610 H.C.P. No. 1632 of 2020 UM CO SDR 11/12/2020 https://hcservices.ecourts.gov.in/hcservices/