Pappathi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.347 of 2023 Pappathi ... Petitioner / Mother and Grand Mother of the Detenues Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Oomachikulam Circle, Madurai.

3.The Inspector of Police, Othakadai Police Station, Madurai.

4.Karuppasamy 5.The Inspector of Police, Melur Police Station, Madurai.

...Respondents

(R5 is suo motu impleaded as per order of the Court dated 14.03.2023 in HCP(MD) No.347 of 2023 by RSKJ & KKRKJ) 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents No.1 to 3 to produce the body or person of the petitioner's granddaughter Sathiyapriya, aged about 9 years and petitioner's daughter Shobhana, aged about 26 years, the detenue herein before this Hon'ble Court and set them at liberty. For Petitioner : Mr.D.Balakumar For Respondents : Mr.A.Thiruvadi Kumar, 1 to 3 & 5 Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents No.1 to 3 to produce the body or person of the petitioner's grand daughter Sathiyapriya, aged about 9 years and petitioner's daughter Shobhana, aged about 26 years, the detenues herein, before this Court and set them at liberty.

2. The detenues viz., Shobhana and Sathiyapriya, daughter and grand daughter of the petitioner, are aged about 26 and 9 years respectively. 2/5

3. Today, when the Habeas Corpus Petition is taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, appearing for the respondents 1 to 3 and 5, has submitted that the respondent police has produced these two detenues.

4. We enquired with one of the detenue i.e., Shobhana, she stated that, as she wanted to go for some job, which was not permitted by the petitioner, who is the mother of the first detenue and grand mother of the second detenue, and that is why in order to secure some job, she went to Sivakasi along with the second detenue, where she has taken a shelter and has been residing there for some time in a place and searched for a job.

5. Now, she has changed her mind and joined with the petitioner i.e., mother of the said Shobhana.

6. The said statement made by the first detenue Shobhana, who appeared along with the second detenue minor Sathiapriya, a 9 year old minor girl, is taken on record and in view of the same, as they want to go 3/5

with the petitioner, recording the same, this Habeas Corpus Petition is closed.

(R.S.K., J.) & (K.K.R.K, J.) 29.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No SJ To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Oomachikulam Circle, Madurai.

3.The Inspector of Police, Othakadai Police Station, Madurai.

4.The Inspector of Police, Melur Police Station, Madurai.

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

4/5

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

SJ H.C.P.(MD)No.347 of 2023 29.03.2023 5/5