Mariappan v. The Superintendent Of Police
HCP(MD). No.164 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Friday, the Sixth day of March Two Thousand and Twenty PRESENT The Hon'ble Mr Justice P.N.PRAKASH AND The Hon'ble Mr Justice B.PUGALENDHI HCP(MD). No.164 of 2020 Mariappan, S/o.Athiyappan, 2/654, Deivaseyalpuram, East Colony, Ellainayackanpatti Post, Thoothukudi District
...Petitioner (father of detenue)
Vs 1 The Superintendent of Police, Thoothukudi, Thoothukudi District. 2 The Inspector of Police, Puliyampatti Police Station, Thoothukudi District 3 Kavitha, W/o.Mariappan, 2/654, Deivaseyalpuram, East Colony, Ellainayackanpatti Post, Thoothukudi District 4 Balakrishnan, S/o.Athiyappan, 2/654, Deivaseyalpuram, East Colony, Ellainayackanpatti Post, Thoothukudi District ... Respondents Prayer :- Habeas Corpus Petition filed under section 226 of the Constitution of India, praying this Court to issue a writ of Habeas Corpus or any other writ order or direction in the nature of writ directing the 1st and 2nd respondents to produce the body or person of the detenu namely Manoj s/o.Mariappan, aged about 16 years, and handover custody of the detenu to the petitioner.
ORDER:- Habeas Corpus Petition coming up for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Murugesan, Advocate for the Petitioner and of Mr. K.Dinesh Babu, Additional Public Prosecutor on Behalf of the Respondents No.
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HCP(MD). No.164 of 2020 Today, Mr.T.Gnanaraj, Inspector of Police, Puliyampatti Police Station, Thoothukudi District, is present in Court. He Produced Kavitha (the third respondent herein), Balakrishnan (the fourth respondent herein) and the alleged detenue-Manoj before this Court. The Petitioner-Mariappan is also present.
On enquiry, it reveals that Manoj is in the custody of his mother Kavitha and senior paternal uncle Balakrishnan in Tuticorin. It is also seen that the Transfer Certificate and other Certificates of Manoj have been given by the petitioner in the Government Higher Secondary School at Kasilingapuram.
The Petitioner is directed to collect the said Educational Certificates and Transfer Certificate of Manoj from the said School and submit the same to this Court.
Call on 13.03.2020.
The parties are directed to be present before this Court on 13.03.2020.
The custody of Manoj will be with the third respondent. Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1 The Superintendent of Police, Thoothukudi District. 2 The Inspector of Police, Puliyampatti Police Station, Thoothukudi District 3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Section Officer (Criminal Section), Madurai Bench of Madras High Court, Madurai.
(To List the matter on 13.03.2020) ORDER DATED : 06/03/2020 HEARING DATE : 13/03/2020 ==========================
ORDER
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