Madras High CourtHCP/1897/2016disposed of

Balaji v. The Inspector Of Police

2016-09-23Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2016

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1897 of 2016 Balaji ... Petitioner Vs.

1. State rep.by The Inspector of Police Gudiyatham Taluk Police Station Vellore District

2. Veeramani

3. Kumaresan

4. Ramarajan

5. Hari ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents to produce the corpus of the detenue, namely Gayathri, daughter of Balaji, Hindu, aged about 17 years before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.G.Vinodh Kumar For Respondents:Mr.V.M.R.Rajentren, APP for R1 Mr.M.Rajendran for R2 to R5

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 first respondent to trace out and produce the detenue by name Gayathri, aged 17 years, daughter of the petitioner.

2. The petitioner is present and he has been identified by his counsel.

3. The first respondent has produced the detenue and she has been identified by the petitioner.

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4. It is seen from the records that the petitioner has got birth on 22.9.1999 and therefore it shows that the detenue has not attained majority.

5. The detenue has been enquired and she expressed her willingness that she is not desirous of going with the petitioner. Under such circumstances, she may be housed in a home as mentioned supra.

"In fine, the first respondent is directed to house the detenue, by name Gayathri, in Vasantham Women's Short Stay Home (Recognized by the Central Government), No.1/272, Golden Temple Road, Ariyur, Vellore-65, till she attains majority. If there is any change in the circumstances, liberty is given to file petition.

With the above observation, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ajr To

1. The Inspector of Police Gudiyatham Taluk Police Station Vellore District

2. The Public Prosecutor High Court, Chennai 104 Copy to:

Vasantham Womens Short Stay Home (Recognized by the Central Government) No.1/272, Golden Temple Road, Ariyur, Vellore 65.

1 cc to Mr.Rajendiran, Advocate, sr.5429 H.C.P.No.1897 of 2016 mg co kra 23.09.2016 https://hcservices.ecourts.gov.in/hcservices/