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Madras High CourtHCP/1401/2016dismissed with direction

Meena v. The Superintendent Of Police

2016-09-19Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2016

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1401 of 2016 Meena ... Petitioner vs.

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

2.The Inspector of Police, Kudavasal Police Station, Kudavasal, Thiruvarur District.

3.Jegan ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the respondents 1 and 2 to produce the body or person of the petitioner minor daughter namely M.Viji, aged about 16 years, D/o.Moorthy and hand over her custody to the petitioner. For Petitioner : Mr.T.Shanmugam For Respondents : Mr.V.M.R.Rajentren,A.P.P. for R1 and R2

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 respondents 1 and 2, to trace out and produce the detenue, by name, M.Viji, aged 16 years, daughter of the petitioner.

2. The petitioner is not present.

3. The second respondent, viz., The Inspector of Police, Kudavasal Police Station, has produced the detenue and she has been enquired and ultimately found that she is the daughter of the petitioner and one Moorthy.

5. Further it is verified from the documents filed on the side of the petitioner that the detenue has got birth on 12.6.2000 and therefore, she has not attained majority. 6.Considering the age of the detenue and also considering the fact that the petitioner is not present, the detenue has to be housed in the Home as stated infra. In fine, the second respondent, viz., The Inspector of Police, Kudavasal Police Station, is directed to house the detenue, by name M.Viji, in Government Home for Women, Mylapore, Chennai, till the detenue attains majority. If there is any change in the circumstances, liberty is given to file a petition.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar msk To 1.The Superintendent of Police, Tiruvarur, Tiruvarur District.

2.The Inspector of Police, Kudavasal Police Station, Kudavasal, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

4.The Warden Government Home for Women Mylapore Chennai H.C.P.No.1401 of 2016 aa19/09/2016