Alamelu Mangai v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.05.2018 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR And THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.644 of 2018 Alamelu Mangai ... Petitioner vs.
1.The Commissioner of Police, Trichy, Trichy District.
2.The Inspector of Police, All Women Police Station, Contonment, Trichy.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the minor detenue namely, Sharwin Kiruthik, son of Janarthanhan, aged about 9 years and Aswin, son of Janarthanan, aged about 7 years, sons of the petitioner before this Court, who are illegally detained.
For Petitioner : M/s.A.Banumathy For Respondents : Mr.S.Chandrasekar, APP
ORDER
(Order of the Court was made by S.S.SUNDAR, J.) This Habeas Corpus petition has been filed, directing the respondents 1 and 2 to produce the person or body of the minor detenue namely, Sharwin Kiruthik, aged about 9 years and Aswin, aged about 7 years, before this Court, who are illegally detained. 2.It is seen that the petitioner has admitted the fact that the minor children were living with her husband and that after her husband is death on 13.04.2018, the children are with the in-laws of the petitioner.
https://hcservices.ecourts.gov.in/hcservices/ 3.This Court do not see any merit in this Habeas Corpus petition, as the children are not in illegal detention.
Accordingly, this Habeas Corpus petition is dismissed. However, liberty is granted to the petitioner to work out her remedy under Guardians and Wards Act, 1890.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Trichy, Trichy District.
2.The Inspector of Police, All Women Police Station, Contonment, Trichy.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in HCP.(MD)No.644 of 2018 03.05.2018 mpk/nbj JM/SV MMS/SAR 1/10.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/