Seenuvasan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM HCP.No.

of 2024 Seenuvasan ...

Petitioner Vs 1 The Superintendent of Police, Kallakurichi District.

2. The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

Salem District - 291 010.

3. Prakash ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the detenues namely Rohini, W/o.Karthick aged about 23 years and Rithick son of Karthick aged about 31⁄2 years, from the illegal custody of the third respondent before this Court and set them at liberty. For Petitioner : Mr.R.Prabakar

For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor, for R1 & R2

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Habeas Corpus Petition has been instituted to direct the respondents 1 and 2 to produce the petitioner's daughter Rohini, aged about 23 years and her son Rithick, son of Karthick aged about 31⁄2 years, from the illegal custody of the third respondent before this Court and hand over them to the petitioner/father.

2. The second respondent traced the detenues and produced before this Court. We have examined the detenue Rohini, who is aged about 20 years, who is capable of under standing what is what is good for her life. She spontaneously taken a decision to go with her mother, who is also present before this Court. The mother of the detenue also said that she is ready and willing to take her daughter along with her child. Thus the detenues are not under illegal detention.

3. Accordingly, this Habeas Corpus Petition is disposed of. [S.M.S., J.] [V.S.G., J.] 15.10.2024 Index: Yes/No Speaking/Non-speaking order vrc To 1 The Superintendent of Police, Kallakurichi District.

2. The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

Salem District - 291 010.

3.The Public Prosecutor, Madras High Court, Chennai - 104.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

vrc HCP.No.

of 2024 14.10.2024