Madras High CourtHCP(MD)/136/2018closed

S. Ganapathi v. The State Rep. By Its

2018-02-19Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.136 of 2018 S.Ganapathi : Petitioner Vs.

1.The State Represented by it's The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District - 627 001.

2.The Inspector of Police, Kallidaikuruchi Police Station, Ambasamudram Taluk, Tirunelveli Distsrit - 627 416, (Crime No.25/2018).

3.Mr.P.Subash : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing the respondents No.1 and 2 to produce the body of the petitioner's daughter namely Kriuthika, D/o.Ganapathi aged about 18 years old before this Court and set her at liberty. For Petitioner : Mr.R.Karunanidhi For R1 and R2 : Mr.K.S.Durai Pandian Additional Public Prosecutor For R3 : Mr.P.Senthur Pandian

ORDER

********* [Order of the Court was made by S.VIMALA, J] This petition has been filed by the father of the detenue seeking direction to the respondents to produce the body or the person of the detenue, by name Kiruthika, D/o.Ganapathi aged about 18 years, who is said to be in the illegal custody of the third respondent, before this Court.

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2.The detenue is secured and produced before this Court today. The petitioner, father of the detenue is also present. The third respondent has filed a counter affidavit denying all the allegations.

3.Under such circumstances, the petitioner/father of the detenue is willing to have the custody of the detenue. It is stated that the detenue is aged about 18 years and she is expressed her willingness to be with her father.

4.Accordingly, the Habeas Corpus Petition is closed and as the detenue is a major, she is set at liberty.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District - 627 001.

2.The Inspector of Police, Kallidaikuruchi Police Station, Ambasamudram Taluk, Tirunelveli Distsrit - 627 416, (Crime No.25/2018).

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to M/s.P.Senthur Pandian, Advocate, SR.No.50175 +One cc to M/s.R.Karunanidhi, Advocate, SR.No.49578 rj2 RL/6C/2P/SKN/RSK/SAR2/9/3/2018 ORDER MADE IN HCP .[MD].No.136 of 2018 19.02.2018 https://hcservices.ecourts.gov.in/hcservices/