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Madras High CourtHCP/273/2016dismissed

Hercules Irudayaraj v. The Inspector Of Police

2016-02-18Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18-02-2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN HABEAS CORPUS PETITION No.273 of 2016 Hercules Irudayaraj .. Petitioner/Father of the Detenue vs 1.The Inspector of Police (L & O) K2 Ayanavaram Police Station Chennai 600 023 2.Radha Ramani 3.Subramani .. Respondents /Respondents 1 to 3 Habeas corpus petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents herein to produce the body and person of the detenu by name Sanjay Solomon, aged about 5 1⁄4 years, son of the petitioner, before this Court, setting him at liberty, now under the illegal detention of the respondents 2 and 3 and restoring him to the custody of the petitioner herein. For Petitioner : Mr.M.Ganesamoorthy For Respondent : Mr.A.N.Thambidurai Additional Public Prosecutor for R1

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, father of the minor child by name Sanjay Solomon, aged about 5 1⁄4 years, had come up with this habeas corpus petition alleging that the child is kept under the illegal custody of the respondents 2 and 3. But, the mother of the child has not been added as party to this petition. https://hcservices.ecourts.gov.in/hcservices/

2.The child is, admittedly, in the custody of the mother. Thus, we do not find any illegal detention so as to issue a writ as sought for by the petitioner in this petition. 3.Therefore, the habeas corpus petition is dismissed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To:

1.The Inspector of Police (L & O) K2 Ayanavaram Police Station Chennai 600 023 2.The Public Prosecutor High Court, Madras.

HCP No.273 of 2016 aa27/02/2016 https://hcservices.ecourts.gov.in/hcservices/