P.Karthikaga v. The Commissioner Of Police
H.C.P.(MD) No.516 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.516 of 2022 P.Karthikaga ... Petitioner/mother of the detenu Vs.
1.The Commissioner of Police, Madurai District, Madurai.
2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.
3.Raja @ Rajasekaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's minor son namely Jeevith Desh, aged 7 years or his body before this Honourable Court and hand over his custody to the petitioner.
For Petitioner : Mr.M.Jerin Mathew For R-1 & R-2 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
O R D E R
R.SUBRAMANIAN, J.
AND N.SATHISH KUMAR, J.
The petitioner seeks production of the person of her son by name Jeevith Desh, aged about 7 years.
2. Even according to the petitioner, her son has been taken away by the third respondent, who is her husband and father of the child.
3. Once the custody of the child with his father is admitted, it cannot be termed as a illegal custody. Therefore, we do not find any reason to entertain this Habeas Corpus Petition. Hence, https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.516 of 2022 this Habeas Corpus Petition is dismissed. It will be open to the petitioner to seek appropriate remedy available under law. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) pm To:
1.The Commissioner of Police, Madurai District, Madurai.
2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M. JERIN MATHEW, Advocate ( SR-17244[F] dated 07/04/2022 ) H.C.P.(MD) No.516 of 2022 06.04.2022 PA(18.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2