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Madras High CourtHCP(MD)/708/2018closed

T.Mahalakshmi v. The Commissioner Of Police

2018-05-23Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.SURESH KUMAR H.C.P(MD)No.708 of 2018 T.Mahalakshmi .. Petitioner Vs.

1. The Commissioner of Police, Madurai City.

2. The Inspector of Police, Thirupparankundram Town Police Station, Madurai City, Madurai.

3. The Sub Inspector of Police, Thirupparankundram Police Station, Madurai City, Madurai.

(Cr.No.309/2018) 4.Raman 5.M.G.Muthukamu 6.Mrs.Murugeswari 7.R.Kanagaraj 8.Mrs.Prabavathy 9.Mrs.Devi .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents herein to secure and produce the detenue namely Minor Sivasankari aged about 17 years before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.T.K.Gopalan For R-1 to R-3 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed by the petitioner to produce the detenu, who claims to be her daughter.

2. Admittedly, the detenu is a minor girl. When we questioned the detenu, she admitted that she went to her uncle's home getting fear of plus two result and now, she is willing to go along with her parents.

3. The learned counsel appearing for the petitioner would submit that the detenu was in her uncle's home and the detenu got married with her uncle's son and she lived with him for 15 days. Hence, the petitioner wants to send the detenu for the medical examination.

4. In view of the above statement made by the detenu and the parents of the detenu who have appeared before this Court also undertakes to take the minor girl along with them, we find that there is no illegal detention.

5. Accordingly, the Habeas Corpus Petition is closed. It is open to the petitioner to seek her remedy before the appropriate authority, if necessary by filing a complaint. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City.

2. The Inspector of Police, Thirupparankundram Town Police Station, Madurai City, Madurai.

3. The Sub Inspector of Police, Thirupparankundram Police Station, Madurai City, Madurai.

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

+ 1 cc TO Mr.T.K.Gopalan , Advocate in SR No.66001 RM/STS AE/SB/SAR3/18.06.2018/2P/6C ORDER MADE IN H.C.P(MD)No.708 of 2018 23.05.2018 https://hcservices.ecourts.gov.in/hcservices/