Madras High CourtHCP(MD)/1550/2015closed

Selvarani v. The Superintendent Of Police

2015-12-09Honourable Mr Justice P.R.Shivakumar,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1550 of 2015 Selvarani : Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

3.Jose : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter Sahaya Monica D/o.Mohan Dasan, (17 years) before this Court and hand over the custody to the petitioner. For Petitioner : Mr.V.Rajiv Rufus For Respondent Nos.1&2 : Mr.R.Ramachandran Additional Public Prosecutor For R3 : No Appearance

ORDER

[Order of the Court was made by P.R.SHIVAKUMAR,J.] Though this case stands adjourned to 22.12.2015, since the alleged detenu is produced before this Court, as requested by the learned counsel for the petitioner and also the learned Additional Public Prosecutor, the hearing is advanced and the Habeas Corpus Petition is taken up for hearing.

2. Today, Minor - Sahaya Monica, D/o.Mohan Dasan, aged about 17 years, has been produced by her mother, the petitioner herein. Sahaya Monica states that she went with the third respondent - Jose and because of the case registered, he himself volunteered to take her and leave her at her parental home. https://hcservices.ecourts.gov.in/hcservices/

3. As the alleged detenu has been now brought under the custody of her mother, namely the petitioner herein, we allow the

petitioner to take her along with her and close the Habeas Corpus Petition with a direction to the police to proceed with the criminal case registered against the third respondent. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

+1cc to Mr.V.RAJIV RUFUS, Advocate Sr.No.70456 NB AA/SKS-RR/17.12.2015/2p-5c ORDER MADE IN H.C.P(MD)No.1550 of 2015 Dated: 09.12.2015 https://hcservices.ecourts.gov.in/hcservices/