Manikandan v. Sup Of Po Tvmalai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.2328 of 2018 Manikandan S/o.Thangavel ...
Petitioner vs.
1.The Superintendent of Police, Thiruvannamalai District.
2.The Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.
Crime No.535 of 2018 3.The Chairperson, Child Welfare Committee, Perumbakkam Main Road, Thiruvannamalai, Thiruvannamalai District.
4.The Chairperson, Government Home for Children, Perumbakkam Road, Near Aanaipiranthan Village, Thiruvannamalai, Thiruvannamalai District.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for records in Crime No.535 of 2018 dated 17.09.2018 on the file of second respondent and direct the respondents herein to produce the petitioner's wife, Bharathi F/A 18 1⁄2 years, D/o.Selvam, who is in the custody of fourth respondent herein and set her at liberty.
For Petitioner : Mr.S.Silambu Selvan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor *****
O R D E R
[Order of the Court was made by C.T.SELVAM, J] Petitioner has filed this petition seeking a direction to respondents to produce the detenue viz., Bharathi, aged about 181⁄2 years, before this Court and set her at liberty.
2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents.
3. Detenue is produced. As the Birth Certificate of detenue informs her Date of Birth as 17.02.2001, she has been informed that she can either return to the custody of her parents or that if she chooses not to return to the custody of her parents, she would be placed in the custody of fourth respondent. Detenue chooses to be in the custody of fourth respondent and is permitted to be in such custody. Connected proceedings are pending in C.M.P.No.5908 of 2018 on the file of learned Judicial Magistrate I, Thiruvannamalai.
In the aforestated position, the Habeas Corpus Petition shall stand closed.
Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar gm To 1.The Superintendent of Police, Thiruvannamalai District.
2.The Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.
3.The Chairperson, Child Welfare Committee, Perumbakkam Main Road, Thiruvannamalai, Thiruvannamalai District.
4.The Chairperson, Government Home for Children, Perumbakkam Road, Near Aanaipiranthan Village, Thiruvannamalai, Thiruvannamalai District.
5.The Public Prosecutor, High Court, Madras.
6.The Judicial Magistrate I, Thiruvannamalai.
H.C.P.No.2328 of 2018 ASK(30/10/2018)