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Madras High CourtHCP/1853/2025allowed

S.Vinitha v. The Commissioner Of Police

2025-09-19Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR H.C.P No. 1853 of 2025

1. S.Vinitha W/o. Sundhar Raj, No.1/254, 12th Street, Thaimugambikai Nagar, Madampakkam, Guduvancheri, Chennai.

Petitioner(s) Vs

1. The Commissioner of Police Tambaram City, Chennai.

2.The Inspector of Police H-2 Guduvancheri Police Station, Guduvancheri, Chennai.

3.Sundar Raj S/o. Arumugam, No.6/55, 203 Thandarai, PeriaIrumbedu, Kancheepuram-603105.

Respondent(s)

PRAYER the Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce petitioner's minor child namely Iniya Tamil, male aged about 5 years old, before this Hon'ble Court from the custody of the 3 rd respondent and handover to the petitioner.

For Petitioner(s):

Mr. D.Maharaja For Respondent(s):

Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Habeas Corpus Petition is filed to direct the respondent Nos. 1 and 2 to produce petitioner's minor child namely Iniya Tamil, male aged about 5 years old, before this Hon'ble Court from the custody of the 3 rd respondent and handover to the petitioner.

2. It is stated by the petitioner that when the child was studying in the school, the third respondent / father had taken the child from the school.

3. When the matter is taken up for hearing today, the child, who is aged about 5 1⁄2 years old, is produced before this Court. We have interacted with the child. The child immediately went to the mother and is comfortable with the mother.

4. Since the child was taken from the school, we are inclined to grant custody of the child to the petitioner / mother. Accordingly, this Habeas Corpus Petition is allowed.

(J.NISHA BANU J.) (S.SOUNTHAR J.) 19-09-2025 ASI To 1.The Commissioner of Police Tambaram City, Chennai.

2.The Inspector of Police H-2 Guduvancheri Police Station, Guduvancheri, Chennai.

3.Sundar Raj S/o. Arumugam, No.6/55, 203 Thandarai, PeriaIrumbedu, Kancheepuram-603105.

4. The Public Prosecutor, High Court of Madras, Chennai.

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI H.C.P No. 1853 of 2025 19-09-2025