← Library
Madras High CourtHCP/1557/2019closed

K.Lakshmi v. The Superintendent Of Police

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.1557 of 2019 K.Lakshmi ..

Petitioner Vs.

1. The Superintendent of Police, Villupuram District.

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

3. M.Vijay .. 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 daughter S.Sangitha aged about 25 years, W/o. Sakthivel before this Court from the illegal custody of the 3rd respondent and set her at liberty.

For Petitioner ..

Mr.T.Balachandran 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 mother of the detenue. Alleging that her daughter is in the illegal custody of the 3rd respondent, the present petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Public Prosecutor, on instructions, submitted that this is the third occasion in which the detenue, who is already married having two children, eloped with the 3rd respondent.

3.The learned counsel for the petitioner submitted that there are two tender aged children born through the wedlock.

4. Suffice it to state that there is no illegal custody or detention involved in this case. However, we direct the 2nd respondent to continue with the investigation and trace the detenue, particularly, in the light of the fact that she had left with tender aged children in the custody of the petitioner and as as when the detenue is traced, she should be produced before the jurisdictional Magistrate. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmk/msrm To,

1. The Superintendent of Police, Villupuram District.

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

3. The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.T.Balachandran , Advocate SR.No. 68524 H.C.P.No.1557 of 2019 A.SK(10/09/2019) https://hcservices.ecourts.gov.in/hcservices/