S.Jayalakshmi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2019
CORAM:
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR H.C.P.No.2519 of 2018 S.Jayalakshmi .. Petitioner Vs.
1.The Superintendent of Police Thiruvarur District Thiruvarur.
2.The Inspector of Police Nannilam Police Station Nannilam Thiruvarur District.
3.Udayakumar 4.The Director General of Police Government of Tamil Nadu Chennai.
5.The Secretary to Government Social Welfare Department Government of Tamil Nadu Fort St.George Chennai.
6.The Inspector Palaiyur Police Station Nagapattinam.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, to direct the first and second respondents to search and produce the petitioner's minor child S.Uma Bharathi, D/o, Saminathan, aged about 17 years before this Court.
For Petitioner .. Mr.L.Ramu For Respondents.. Mr.C.Iyyappa Raj Additional Public Prosecutor [R1, R2, R4 to R6]
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J) This Court, in continuation and conjuncture with the earlier orders dated 01.11.2018, 15.03.2019 and 29.03.2019, is passing the following order.
2. The detenue, who is now major, and was under the custody of Bharat Matha Ujjwala Rehabilitative Home, Thiruthuraipoondi, Thiruvarur District, is produced before this Court today and on enquiry, she would state that the father of the third respondent is present before this Court and she expressed her willingness to go with him and has also informed the Court that she is in her family way, and considering her safety, she wants to remain in the custody of the family members of the third respondent.
3. On enquiry, the learned counsel appearing for the petitioner would submit that the mother of the detenue was hospitalised for quite some time and hence, she could not meet the detenue, during the detenue's stay at home.
4. Mr.C.Iyyappa Raj, learned Additional Government Pleader appearing for the State would submit that if the parents of the detenue wishes to meet her daughter, they may inform the second respondent/police in advance, so that arrangements can be made, to enable the parents of the detenue to meet the detenue at the house of the third respondent.
5. This Court has considered the rival submissions and also perused the materials placed before it.
6. Taking into consideration the fact that the detenue is a major now, and she is also in her family way and she expressed her willingness to go with the father of the third respondent, who is present before this Court today, this Court is unable to come to the aid and help of the petitioner in handing over the detenue to her. However, the detenue is set at liberty and she is free to take a decision of her future and well-being.
7. This Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar (CJ Conf) //True Copy// Sub Assistant Registrar ds
To:
1.The Superintendent of Police Thiruvarur District Thiruvarur.
2.The Inspector of Police Nannilam Police Station Nannilam Thiruvarur District.
3.The Director General of Police Government of Tamil Nadu Chennai.
4.The Secretary to Government Social Welfare Department Government of Tamil Nadu Fort St.George Chennai.
5.The Inspector Palaiyur Police Station Nagapattinam.
6.The Public Prosecutor High Court, Madras.
H.C.P.No.2519 of 2018 LN(CO) GN(03/06/2019)