V.Prakash v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA H.C.P.No.2099 of 2021 V.Prakash S/o.Vadivel ..Petitioner Vs.

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Sathiyamangalam Police Station, Sathiyamangalam, Gingee Taluk, Villupuram District - 604 153.

3. Perumal S/o.Krishnamoorthy ..Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first respondent to produce the detenue P.Padmavathy, aged 20 years, before this Court from the illegal custody of the third respondent and set her at liberty. For Petitioner : Mr.E.Paramasivan For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor [R1 & R2]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the first respondent to produce the detenue Padmavathy, aged 20 years, before this Court from the illegal custody of the third respondent and set her at liberty.

2. On 17.12.2021, we passed the following order: 'Today, G.Sivagnanam (Mobile No.9498152317), Head Constable 540, Sathyamangalam Police Station, Villupuram District, is present.

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2. Mr.R.Muniyapparaj, learned Additional Public Prosecutor takes notice for the respondents 1 and 2.

3. Private notice to the 3rd respondent returnable by 21.12.2021.

4. The 2nd respondent/police is directed to produce Padmavathy, aged about 20 years, before this Court on 21.12.2021 at 10.30 a.m. The petitioner shall also be present before this Court on that day. Post the matter on 21.12.2021.'

3. Today, Mr.S.Syed Mohamed Ali, Sub-Inspector of Police and Mr.G.Sivagnanam, Head Constable - 540, Sathyamangalam Police Station, Villupuram District, are present. The detenue Padmavathy was produced before us.

4. When we enquired Padmavathy, she stated that she wants to go with her parents and not with the petitioner and her date of birth is 11.07.2001. Since Padamavathy is a major, she was permitted to act as per her wish.

Accordingly, this Habeas Corpus Petition stands closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm To

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Sathiyamangalam Police Station, Sathiyamangalam, Gingee Taluk, Villupuram District - 604 153.

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.2099 of 2021 BR(CO) RGA(23/12/2021) https://hcservices.ecourts.gov.in/hcservices/