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Madras High CourtHCP/1640/2019closed

Pagalavan v. Commissioner Of Police

2019-08-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13..08..2019

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR HABEAS CORPUS PETITION NO.1640 OF 2019 Pagalavan ... Petitioner -Versus1. The Commissioner of Police, Poonamallee High Road, Vepery, Chennai.

2. State Rep. by Inspector of Police, P-1, Pulianthope Police Station, Chennai 600012.

3. K.Venkatesh ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure the detenue - Asha Rani, Female, aged 31 years, from the illegal custody of the 3rd respondent and produce the detenue before this court and set her at liberty.

For Petitioner : Mr.N.Sivaraman For Respondents : Mr.C.Iyyappa Raj, APP for RR1 and 2

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the father of the detenue - Asha Rani. He has come up with this petition seeking a direction to the respondents 1 and 2 for the production of his eldest daughter before this court.

2. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

3. The detenue is present before us. She is of 30 years old. She is a married woman. On enquiry, she has informed us that she is not in the illegal custody of anybody.

4. The petitioner has also got no objection to handover his minor grand children to the care and custody of the detenue, who is none other than the mother of the children. The accused has also told us that she would take care her children.

5. Accordingly, the 2nd respondent is directed to facilitate the smooth handing over of the minor children from the petitioner to the detenue.

6. In the result,, this Habeas Corpus Petition is closed with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmk To

1. The Commissioner of Police, Poonamallee High Road,Vepery, Chennai 600007.

2. The Inspector of Police, P-1, Pulianthope Police Station, Chennai 600012.

3. The Public Prosecutor, High Court, Chennai.

H.C.P.No.1640 of 2019 KK(CO) CS/30/09/2019 https://hcservices.ecourts.gov.in/hcservices/