D.S.Nivedha Joice v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P(MD)No.18 of 2024 and Crl.M.P(MD)No.424 of 2024 D.S.Nivedha Joice ... Petitioner/mother of the detenue Vs.

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

2.The Inspector of Police, All Women Police Station, Thiruvaiyaru, Thanjavur District.

3.The Inspector of Police, Boodhalur Police Station, Thanjavur District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Habeas Corpus directing the respondents 1 to 3 to secure and produce the body or person of the detenue namely Minor.A.N.Jonah, D/o.Antony Arockiaraj, aged about 1 year 3 months, before this Court and entrust the detenues' custody to the petitioner.

For Petitioner : Mr.V.Karuna For Respondents : Mr.RMS.Sethuraman, Addl. Public Prosecutor For Petitioner in Crl.M.P(MD)No.

:

Mr.T.K.Gopalan

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This Habeas Corpus Petition has been filed by the petitioner seeking for a direction to the respondents 1 to 3 to secure and produce the body or person of the detenue namely Minor.A.N.Jonah, D/o.Antony Arockiaraj, aged about 1 year 3 months, before this Court and entrust the detenues' custody to the petitioner.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the State, on instructions, would submit that the child is one year old and the child is under the custody of her father, who is the husband of the petitioner.

3. In view of the above, it is clear that the child is not illegally detained and she is with her father. Therefore, this Habeas Corpus Petition is not maintainable.

4. In the result, this Habeas Corpus Petition is dismissed. If at all the petitioner is aggrieved, she is at liberty to file a petition under the Guardian and Wards Act, 1890. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J.] & [K.K.R.K.,J.] 12.01.2024 Index :Yes/No NCC :Yes/No pm To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, All Women Police Station, Thiruvaiyaru, Thanjavur District.

3.The Inspector of Police, Boodhalur Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

J.NISHA BANU , J.

AND K.K.RAMAKRISHNAN, J.

pm ORDER MADE IN 12.01.2024