Chinna Durai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice A.SELVAM and The Hon`ble Mr Justice V.S.RAVI MP(MD)NO.1 of 2015 IN HCP(MD) No.1157 of 2014 CHINNA DURAI ... PETITIONER/PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE THANJAVUR DISTRICT , THANAJVUR.

2 THE INSPECTOR OF POLICE SWAMI MALAI POLICE STATION, THANJAVUR DT.

3 RAJASEKAR S/O.LOGANATHAN, ... RESPONDENTS/RESPONDENTS Prayer in MP(MD). 1/ 2015 in HCP(MD).1157/2014 : Petition under article 226 of the constitution of India, praying that in the circumstances sated therein and in the affidavit filed there of the High Court will be pleased to direct the Officer Incharge Vidiyal Home, Muthupatti East, Near Palanganatham, Madurai to produce the detenu the petitioner's minor daughter, named Praveena, aged about 16 years before this Honourable Court and to pass orders to hand over the custody of the detenu to the petitioner.

Prayer in Habeas Corpus Petition(MD) No. 1157/ 2014 : directing the respondents 1 and 2 to produce the person or body of the petitioner's daughter, by name Praveena, aged about 16 years residing at old door No. 2/79, New Door No. F9, Koonakarai Thiruvalanzuli, Kumbakonam T.K., Thanjavur District before this Honourable Court by securing her from the illegal custody of the 3rd respondent and hand over to petitioner's custody.

ORDER : This Habeas Corpus petition coming on for hearing on this day and the order of this Court dated 28.04.2015 and upon perusing the petition and the affidavit filed in support thereof and order of this Court dated and upon hearing the arguments of M/S. K.M.KARUNAKARAN Advocate for the petitioner and of M/S. T.Mohan Additional Public Prosecutor on behalf of the Respondents 1 & 2, and the 3rd Respondent not appearing in person or by Advocate and this court made the following order:- This petition has been filed praying to permit the detenu who has been lodged in Vidiyal Home, as per order dated 28.04.2015 to go with the petitioner/ her father.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is present and he has been identified by his counsel.

3. The Second respondent viz., Inspector of Police,Swamimalai Police Station has produced the detenu and she has been identified by the petitioner/ her father. She expressed her willigness to go with the petitioner/ her father.

4.Considering the aforesaid factural circumstances, this petition is allowed and the detenu is permitted to go with the petitioner. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar TO 1 THE SUPERINTENDENT OF POLICE, THANJAVUR DISTRICT , THANAJVUR. 2 THE INSPECTOR OF POLICE SWAMI MALAI POLICE STATION, THANJAVUR DT.

3 THE OFFICER INCHARGE, VIDIYAL HOME, MUTHUPATTI EAST, NEAR PALANGANATHAM, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

TS/25.06.2015/2P -5C ORDER DATED : 24.06.2015

ORDER

MP(MD)NO.1 of 2015 IN HCP(MD) No.1157 of 2014 Giving direction etc as stated within.

https://hcservices.ecourts.gov.in/hcservices/