Madras High CourtHCP(MD)/19/2018closed

Venkatraman v. The Superintendent Of Police

2018-01-23Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 23.01.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition (MD) No.19 of 2018 Venkataraman ... Petitioner -vs1. The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District.

3. Thangavelu

4. The Inspector of Police, Kalugumalai Police Station, Kovilpatti, Thoothukudi District.

5. The Incharge of Sakthi Vidiyal Home, Sakthi Vidiyal Home, Muthupatti Alagappan Nagar, Madurai.

: Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the 5th respondent to produce the detenue namely, Parvathi, aged 171⁄2 years who is daughter of the petitioner, before this Court and entrust to the custody of the petitioner.

For Petitioner : Mr.S.Selvakumar For R1 & R2, R4 : Mr.C.Ramesh Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner, who is the father of detenue, has moved this petition for a direction to the 5th Respondent to produce his

daughter, namely, Parvathi, aged about 171⁄2 years before this Court and entrust her custody to the petitioner.

2. According to the petitioner, on an earlier occasion, when the detenue was found missing, a Habeas Corpus Petition was filed before this Court in HCP(MD)No.1363/2016. Thereafter, on 19.04.2017, the respondent police produced the detenue Parvathi before this Court and this Court directed the respondent police to send the detenue to Sakthi Vidiyal Home, Muthupatti, Alagappan Nagar, Madurai, the 5th respondent herein. Accordingly, the detenue was sent to the Sakthi Vidiyal Home and she is staying in the said Home till date. However, on coming to know that the detenue is willing to be along with the petitioner herein, this petition has been filed.

3. Today, the detenue has been produced before this Court by the 5th respondent.

4. On being enquired with the detenue, she has expressed her willingness to go along with her parents, who are present before this Court.

5. Recording the fact that the detenue, namely, Parvathi, is a minor and also the fact that she is desirous to accompany her parents, this Habeas Corpus Petition is disposed of. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

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

2. The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District.

3. The Inspector of Police, Kalugumalai Police Station, Kovilpatti, Thoothukudi District.

4. The Incharge of Sakthi Vidiyal Home, Sakthi Vidiyal Home, Muthupatti Alagappan Nagar, Madurai.

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

+ 1 CC TO Mr.S.SELVAKUMAR, ADVOCATE IN SR No. 43308 RR TE/KK/SAR-4 : 05/02/2018 : 3P/7C Habeas Corpus Petition (MD) No.19 of 2018 23.01.2018