Vinitha v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR H.C.P.No.1213 of 2019 Vinitha ..Petitioner Vs.

1. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2. The Inspector of Police, Arni Taluk Police Station, Arni, Thiruvannamalai District.

3. Selvarasu

4. Selvi

5. Anandan

6. Nanda .. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 2nd respondent to produce the petitioner's sister by name Jothika, aged 19 years and the petitioner's minor children Divyasri aged 4 years and Nithish aged 1 1⁄2 years before this Court from the illegal custody of the respondents 3 to 6 and set her liberty. For Petitioner ..

Mr.V.Rajamohan For R1 & R2 ..

Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner is the wife of the 3rd respondent and sister of the detenue - Jothika, aged 19 years and mother of the other detenues namely minor Divyasri, aged 4 years and Nithish, aged 11⁄2 years. She has come up with this petition inter alia alleging that the detenues are in the illegal custody of the 3rd respondent.

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2. Today, the petitioner, detenue Jothika, who is the sister of the petitioner and the 3rd respondent, the husband of the petitioner and the children are present. The mother of the 3rd respondent is also present. While the petitioner gives her part of the story, all other give a different story. The children are at very tender age. The limited interaction with the parties would show that the children are not comfortable with the petitioner at this stage.

3. Considering the above, we are inclined to close this petition as there is no illegal detention involved. However, the parties are directed to appear before the District Mediation Center, Vellore, on 13.08.2019.

4. In the result, this Habeas Corpus Petition stands closed with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmk/msrm To, 1.The Secretary, District Mediation Center, Vellore.

2.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

3.The Inspector of Police, Arni Taluk Police Station, Arni, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.V.Rajamohan, Advocate, S.R.Nos.63724 & 64390 H.C.P.No.1213 of 2019 SV(CO) RRS(09/08/2019) RRS(13/08/2019) https://hcservices.ecourts.gov.in/hcservices/