Madras High CourtHCP(MD)/394/2021closed

K.Nagammal v. The Superintendent Of Police

2021-08-02Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD) No.394 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.394 of 2021 K.Nagammal

...Petitioner/Mother of the

Detenu -vs1.State Represented by the Superintendent of Police, Pudukkottai District.

2.The Sub-Inspector of Police, Thirumayam Police Station, Pudukkottai District, Pudukkottai.

3.Vijayakumar ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the 1st and 2nd Respondents to produce the body of the petitioner's minor daughter namely K.Shanthi, D/o.V.Kesavan, aged about 16 years before this Hon'ble Court and handover her to the petitioner's custody.

For Petitioner :

Mr.T.Balakumaran For Respondent :

Mr.S.Ravi Nos.1 & 2 Standing Counsel for Government

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) This habeas corpus petition has been filed by the mother of the detenue, namely, K.Shanthi, aged 16 years, alleging that the third respondent herein has kidnapped the detenue and illegally detained her.

2. Today, when the matter was taken up for hearing on the mentioning made by the learned Standing Counsel for the Government, the minor detenue, namely, K.Shanthi has been produced before this Court. When we enquired, she expressed her willingness to go along https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.394 of 2021 with her mother.

3. Mr.Ravi, learned Standing Counsel for the Government submitted that the mother of the petitioner is present in the Office of the Additional Public Prosecutor, Madurai Bench of Madras High Court and a criminal case has been registered against the third respondent in Crime No.542 of 2021, under Section 366-A I.P.C., on the file of second respondent police and he has been arrested and remanded to judicial custody.

4. Considering the fact that the minor detenue K.Shanthi has been secured and she is willing to go along with her mother/petitioner, this Habeas Corpus Petition stands closed, handing over her custody to her mother/petitioner. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Superintendent of Police, Pudukkottai District.

2.The Sub-Inspector of Police, Thirumayam Police Station, Pudukkottai District, Pudukkottai.

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

H.C.P.(MD) No.394 of 2021 02.08.2021 SSS(CO) LR (09.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2