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Madras High CourtHCP/1559/2019closed

R.Raghavendran v. The Superintendent Of Police,

2019-08-29Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.08.2019

CORAM

The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr.Justice M.NIRMAL KUMAR Habeas Corpus Petition No.1559 of 2019 R.Raghavendran ... Petitioner -Versus1.The Superintendent of Police, Erode District, Erode.

2.The State of Tamil Nadu, Rep. by The Inspector of Police, Vellode Police Station, Vellode to Arachalur Road, Erode 638 112.

3.The Inspector of Police, Erode Taluk Police Station, Erode, Erode District.

... Respondents [3rd respondent impleaded suo motu as per order dated 08.08.2019 in HCP NO.1559 of 2019] Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the detenue Akshaya, D/o.Saged 21 years and 7 months, before this court and set her at liberty.

For Petitioner : Mr.Karthik Raja K.S.

For Respondents : Mr.C.Iyyappa Raj, APP for RR1 to 3

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] Heard both sides.

2. When this petition came up for hearing on 22.08.2019, we had directed the matter to be adjourned to today to resolve the dispute. However, the detenue has expressed before us that she is uncomfortable with her mother. In clear terms, she has https://hcservices.ecourts.gov.in/hcservices/

stated that she is willing to go with the petitioner only. As the detenue is a major of 21 years old, she is at liberty to join the petitioner. The detenue has also informed us that the certificates are with her mother. Inasmuch as such certificates cannot be withheld by the mother of the detenue, we hereby direct the 2nd respondent to make sure that the certificates of the detenue are handed over to her.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Erode District, Erode. 2.The Inspector of Police, Vellode Police Station, Vellode to Arachalur Road, Erode 638 112.

3.The Inspector of Police, Erode Taluk Police Station, Erode, Erode District.

4.The Public Prosecutor, High Court, Chennai. +1 cc to M/s.D.Gopal,Advocate Sr.No. 74485 +1 cc to Mr.K.S.Karthik Raja, Advocate Sr.No.75404 AKM/02.10.19/2P-7C / H.C.P.No.1559 of 2019 https://hcservices.ecourts.gov.in/hcservices/