Madras High CourtHCP(MD)/234/2018closed

Preacila v. The Superintendent Of Police

2018-03-14Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.234 of 2018 Preacila : Petitioner Vs.

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

2. The Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

3. Nasrin : Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the persons or bodies of the detenues namely Pabilan aged 9 years, S/o.Padman and Thansika, aged about 5 years, daughter of Padman before this Court and hand over to the petitioner.

For Petitioner : Mr.P.T.Ramesh Raja For R1 and R2 : Mr.K.Dinesh Babu Additional Public Prosecutor For R3 : Mr.C.Jeganathan *****

ORDER

[Order of the Court was made by S.VIMALA, J.] This petition has been filed by the mother of the detenues, seeking custody of her children, namely Pabilan, S/o.Padman, aged 9 years, and Thansika, D/o.Padman aged about 5 years. 2.We have heard the learned counsel for the petitioner; the learned Additional Public Prosecutor for the respondents 1 and 2 and the learned counsel for the third respondent. We have also perused the records carefully.

https://hcservices.ecourts.gov.in/hcservices/ 3.The children are stated to be under the custody of the third respondent for a period of eleven months and he is educating the

children. The third respondent, who was personally present before this Court on 13.03.2018 submitted that he would inform the date of completion of the examination of the children. Accordingly, today it is represented that the examination will be over by 14.04.2018.

4.In view of the above, this Habeas Corpus Petition is closed with a direction to the third respondent to hand over the children to the petitioner on 15.04.2018.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

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

+1cc to Mr.P.T.Ramesh Raja, Advocate Sr.No.55323 +1cc to M/s.Veera Associates, Advocate Sr.No.55415 RJ2 VB/KK/SAR3/02.4.218/2P/6C H.C.P.(MD)No.234 of 2018 14.03.2018 https://hcservices.ecourts.gov.in/hcservices/