Madras High CourtHCP(MD)/264/2015dismissed

P. Elangovan v. The Superintendent Of Police

2015-06-19Honourable Mr Justice V. S. Ravi,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE V.S.RAVI HCP(MD)No.264 of 2015 P.Elangovan .. Petitioner Vs.

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

2.The Inspector of Police, Nilakottai Police Station, Nilakottai, Dindigul District.

3.Muthukumar 4.Rajendran .. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the person or body of the detenu by name Anusiya, aged 15 years, daughter of the petitioner before this Court and hand over custody to the petitioner. For Petitioner :

Mr.N.Sathish Babu For Respondents :

Mr.T.Mohan, Addl. Public Prosecutor.

ORDER

(Order of the Court was made by A.SELVAM, J) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to trace out and produce the detenu by name Anusiya, aged 15 years, daughter of the petitioner.

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

3. The second respondent viz., Inspector of Police, Nilakottai Police Station has produced the detenu and she has been identified by the petitioner/her father.

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4. The detenu has been enquired and she has given incoherent answers. The petitioner has also stated that the detenu has not uttered truth and he is not willing to take the detenu along with him.

5. Considering the aforesaid factual circumstances, the detenu has to be kept in Home as stated infra.

6. In fine, this Habeas Corpus Petition is disposed of on the basis of the observation made earlier. The detenu is directed to be kept in Vidiyal Home, Muthupatti East, Madurai till she attains majority. If there is any change either in the mind of the petitioner or in the mind of the detenu, liberty is given to file a petition.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar mj To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Nilakottai Police Station, Nilakottai, Dindigul District.

3.Vidiyal Home, Muthupatti East, Madurai.

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

H.C.P(MD)No.264 of 2015 19.06.2015 rg.19.06.2015 2p.5c.

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