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Madras High CourtHCP/2356/2019closed

Gunalan v. The Inspector Of Police

2019-11-20Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.NO.2356 OF 2019 Gunalan ... Petitioner -vs1. The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Chennai.

2. Loganayagi

3. Murali ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the body of my minor son, namely, Abhinanth, aged about 3 years, before this Court and hand over the petitioner's minor son to him.

For Petitioner : Mr.K.G.Senthil Kumar For Respondents Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 :

M/s.Nalini Devi for R2 & R3

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the body of minor son, namely, Abhinanth, aged about 3 years, before this Court and to hand over the petitioner's minor son to him, the present Habeas Corpus Petition has been filed.

2. The second respondent is present along with the minor detenu. She has informed that she has filed a petition for divorce in H.M.O.P.No.184 of 2019 and the same is pending https://hcservices.ecourts.gov.in/hcservices/

before the Sub Court, Kancheepuram. The girl child is with the petitioner whereas the detenu is with the second respondent. Thus, under those circumstances, we are not inclined to pass any orders in this petition. However, liberty is given to the petitioner and the second respondent to work out the remedy in the manner known to law insofar as the custody is concerned.

3. In such view of the matter, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Inspector of Police, Tiruverkadu Police Station, Tiruverkadu, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No.96629 H.C.P.No.2356 of 2019 NMI(CO) CS/19/12/2019 https://hcservices.ecourts.gov.in/hcservices/