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Madras High CourtHCP/2253/2023closed

Subramani v. The Superintendent Of Police

2023-12-18Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.12.2023

CORAM

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN M.Subramani ... Petitioner Vs.

1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.State rep. by The Inspector of Police, Desur Police Station, Tiruvannamalai District.

3.Usen Babu 4.Abdul Harris ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the petitioner's daughter namely Sanjana, aged about 17 years from the illegal custody of the third and fourth respondents and handover her to the petitioner. 1/4

For Petitioner :

Mr.T.V.G.Kartheeban For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind for R1 and R2

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Seeking a direction to respondents 1 and 2 to produce the petitioner's daughter, aged about 17 years, the present habeas corpus petition has been filed.

2. The petitioner has filed this petition complaining that his daughter, who is missing from 30.10.2023, has gone with the third respondent. It appears that the third respondent is also a minor.

3. The detenue is produced before this Court today and on enquiry, she had stated that she on her own went along with the third respondent and that she has now returned to her home.

4. In such circumstances, this Court finds that this is not a case of illegal detention. Considering the fact that the third respondent is also a minor, we do not want to record anything 2/4

further and we leave it to the authorities and the Department to proceed in accordance with law.

5. With the above observation, the habeas corpus petition stands closed.

(S.S.S.R., J.) (S.M., J.) 18.12.2023 Index : Yes / No mmi To 1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Inspector of Police, Desur Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

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S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mmi 18.12.2023 4/4