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Madras High CourtHCP(MD)/422/2018closed

R.Balasubramanian v. The Inspector Of Police

2018-04-11Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.422 of 2018 R.Balasubramanian ... Petitioner Vs.

1.The Inspector of Police, Gandarvakkottai Police Station, Gandarvakkottai Taluk, Pudukottai District.

2.Murugan @ Murugesan ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the 1st respondent to produce the petitioner's daughter aged 17 years who is in illegal custody of 2nd respondent before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.N.Sundaresan For R1 : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

(Order of the Court was made by C.T.SELVAM,J.) This Habeas Corpus Petition has been filed by the petitioner, seeking production of his daughter, aged 17 years. 2.The detenue, daughter of the petitioner, has been produced before this Court by the first respondent. Petitioner also is before us. As against the contention of the petitioner that she left his house owing to relationship with the second respondent, the detenue informs such is not the case and as the petitioner sought to get her married, although she is not yet 18, she has proceeded to the house of her paternal uncle/younger brother of the petitioner. The petitioner informs that he only has an elder brother and no younger brother. The detenue's date of birth is 30.11.2000 and as such she would attain majority only on 30.11.2018.

In the said circumstances, the first respondent shall produce the detenue at Ujjavala, Woman and Rehabilization Home, Kamban Nagar, Bangalow Thoppu, Arudayarkovil, Pudukottai District-614 618, where she shall be taken care of till she attains majority and on her doing so, she would be free to do as per will.

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3. In the circumstances, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Gandarvakkottai Police Station, Gandarvakkottai Taluk, Pudukottai District.

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

3. The Director, Ujjavala, Woman and Rehabilization Home, Kamban Nagar, Bangalow Thoppu, Arudayarkovil, Pudukottai District-614 618 +1CC TO M/S.N.SUNDARESAN, ADVOCATE, SR NO.60686 H.C.P.(MD)No.422 of 2018 11.04.2018 ia/sj MS/SV-MMS/SAR-4/11.04.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/