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Madras High CourtCRL MP(MD)/218/2019ordered

M.Meena v. The Superintendent Of Police

2019-01-11Honourable Mr Justice R.Subbiah,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Eleventh day of January Two Thousand Nineteen PRESENT THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRL MP(MD) No.218 of 2019 IN HCP(MD) No.1648 of 2017 M.MEENA ... PETITIONER/PETITIONER Vs

1. THE SUPERINTENDENT OF POLICE O/O. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI

2. THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT

3. MR.RAMESH S/O.DHANRAJ, QUARY ROAD, SUBRAMANIAPURAM, NARASINGHAM, OTHAKADAI POST, MADURAI DISTRICT

4. THE DIRECTOR SAKTHI-VIDIYAL SHELTER HOME, VEERAMUDAIYAAN, 4TH CROSS STREET, MUTHU PATTI, MADURAI ... RESPONDENTS/RESPONDENTS IN CRL MP(MD).218/2019 Prayer in CRL MP(MD). 218 of 2019 :

Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to direct the Respondent No.4 to produce the person or body of the petitioner's daughter namely M.Vaishnavi aged 15 years D/o.Mandiramoorthy before this Honourable Court and handover the custody to the petitioner. Prayer in Habeas Corpus Petition(MD) No. 1648 of 2017 : Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the Respondents No.1 and 2 to produce the person or body of the Petitioner daughter namely M. Vaishnavi D/o. A.Mandiramoorthy aged 15 years before this Honourable Court and hand over the custody to the petitioner.

Order : This petition coming on for hearing on this day, upon perusing the petition,affidavit,material papers of this petition and earlier order of this court and upon hearing the arguments of Mr.T.LajapathiRoy,Advocate for the petitioner and Mr.V.Neelakandan,Additional Public Prosecutor, for the respondents No.1 and 2 and this court made the following order : This miscellaneous petition has been filed seeking a direction to the respondent No.4 to produce the petitioner's daughter namely M.Vaishnavi aged 15 years D/o Mandiramoorthy before this Court and hand over the custody to the petitioner.

2. By order dated 12.12.2017, this Court directed the police to hand over the custody of the detenu namely M.Vaishnavi D/o Mandiramoorthy aged about 15 years in Sakthi Vidiyal Home, Muthuppatti.

3. At the instance of the learned counsel for the petitioner, the matter is taken up today. When the matter is taken up for consideration, the detenu was produced before us. When we enquired the detenu, she expressed her willingness to go along with her mother.

4. In view of the willingness expressed by the detenu, we direct the respondent police to release the detenu from Sakthi Vidiyal Shelter Home to facilitate her to go along with her mother.

5. Accordingly, this miscellaneous petition is ordered. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) TO

1. THE SUPERINTENDENT OF POLICE O/O. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI

2. THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT

3. THE DIRECTOR SAKTHI-VIDIYAL SHELTER HOME, VEERAMUDAIYAAN, 4TH CROSS STREET, MUTHU PATTI, MADURAI

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.218 of 2019 IN HCP(MD) No.1648 of 2017 Date :11/01/2019 Giving direction etc., as stated within.

SS/SKN/SAR 4/01.02.2019/3P/5C