Anbukarasi @ Radhika v. The Inspector Of Police

In the High Court of Judicature at Madras Dated: 20.04.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.749 of 2016 Anbukarasi @ Radhika ..

Petitioner vs.

1.The Inspector of Police, W-22 All Women Police Station, Mylapore, Chennai-600 004 2.R.Rajesh Kumar .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the first respondent to produce the detenue namely Roslin D/o.Muthu, now under the custody of the 2nd respondent and to set her at liberty forthwith.

For Petitioner .. Mr.L.Charlespremkumar For Respondents .. Mr.V.M.R.Rajentren, Addl.Public Prosecutor for R1

O R D E R

(The order of the Court was made by M.JAICHANDREN.,J ) This habeas corpus petition has been filed by the mother of the detenue, namely, Roslin, praying that this Court may be pleased to direct the first respondent to produce the detenue before this Court and to set her at liberty.

2. It has been stated that the petitioner had married the second respondent. Out of the wedlock, the detenue had been born. However, due to certain family dispute, the second respondent had taken custody of the detenue, illegally. Therefore, the petitioner had preferred a complaint, before the first respondent. Since no effective steps had been taken by the first respondent, https://hcservices.ecourts.gov.in/hcservices/

to secure the detenue and to handover her custody to the petitioner, she has preferred the present habeas corpus petition, before this Court.

3. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, and on a perusal of the records, we are of the view that it is for the petitioner to seek her remedies, if any, before the appropriate forum, for the custody of her daughter, as the second respondent is said to be the father of the detenue. In such circumstances, we are not inclined to grant the relief, as prayed for by the petitioner, in the present habeas corpus petition. Hence, the habeas corpus petition stands dismissed. However, it is made clear that it is open to the petitioner to pursue her remedies, if any, before the appropriate forum, in the manner known to law. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar msk To 1.The Inspector of Police, W-22 All Women Police Station, Mylapore, Chennai-600 004 2.The Public Prosecutor, High Court, Madras.

2 ccs to M/s. Charles Premkumar, Advocate, Sr 25069 H.C.P.No.749 of 2016 MP (CO) kk 17/5 https://hcservices.ecourts.gov.in/hcservices/