Deepak Karthikeyan v. The Superintendent Of Police

H.C.P.(MD) No.496 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.496 of 2022 Deepak Karthikeyan ... Petitioner Vs.

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

2. The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

3. Rajesh Kumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing Respondents 1 and 2 to produce the person or body of the petitioner's Minor child the detenue namely, Krish Deepak, S/o Deepak Karthikeyan, aged 2 years, before this court and handed over custody to the petitioner. For Petitioner : Mr.S.Poornachandran For Respondents 1 & 2: Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of his minor child Krish Deepak, aged 2 years.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. According to the petitioner, the child has been taken away by his mother, who is living in Serbia. Claiming that the custody of the child has been given to the third respondent, who is in Bihar, the petitioner has lodged a complaint with the respondent Police at Thiruvidaimaruthuar in Thanjavur District. 4.

Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that the child is nowhere in the vicinity of Thiruvidaimaruthur in recent times. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.496 of 2022

5. While the petitioner is working in Toronto (He now claims that he is in Thanjavur), the wife/mother of the child is living in Serbia. The father-in-law namely, the third respondent is in Bihar. We therefore, do not see any bonafide in the action of the petitioner in making a complaint with the second respondent Police. Even according to the petitioner, the child was in the custody of the mother. That being a legal custody, we do not see any reason to entertain this Habeas Corpus Petition. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Rm To:

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

2. The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

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

+1 CC to M/s.S. POORNACHANDRAN, Advocate ( SR-16629[F] dated 05/04/2022 ) H.C.P.(MD) No.496 of 2022 04.04.2022 NSN(CO) KB(13.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2