N. Bagavathi v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2019

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI H.C.P.[MD].No.371 of 2019 N.Bagavathi : Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli, Tirunelveli District.

2.The State represented by The Inspector of Police, Thatchanallur Police Station, Thatchanallur, Tirunelveli District.

3.Thanesh Kumar @ Kutti Kumar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure the petitioner's minor daughter or her corpus by name Ms.Nagalakshmi, who is aged about 16 years and daughter of R.Narayanan, from the illegal detention and custody of the third respondent and produce her before this Court and hand over the custody forthwith to the petitioner.

For Petitioner : Mr.P.Palanivelayutham For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor for R.1 and R.2

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] This Habeas Corpus Petition is filed by the petitioner seeking a direction to the respondents 1 and 2 to secure the petitioner's minor daughter or her corpus by name Ms.Nagalakshmi, who is aged about 16 years and daughter of R.Narayanan, from the illegal detention and custody of the third respondent and produce her https://hcservices.ecourts.gov.in/hcservices/

before this Court and hand over the custody forthwith to the petitioner.

2. The petitioner is the biological mother of the detenu and she filed the present petition as if her minor girl was missing.

3. Today, when the matter was taken up for consideration, the detenu was present before us. When we enquired the detenu, she expressed her willingness to go along with the petitioner.

4. In view of the statement given by the detenu, we are of the view that nothing survives for adjudication in this Petition. Hence, this Habeas Corpus Petition is closed. However, liberty is given to the Law Enforcing Agency to proceed further in this matter as per law.

Sd/- Assistant Registrar (vo) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli, Tirunelveli District.

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

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

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-66083[F] dated 16/05/2019 ) ssl ORDER MADE IN H.C.P.[MD].No.371 of 2019 15.05.2019 KM/(21.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/