Madras High CourtHCP(MD)/769/2018closed

Thiruvalluvar v. The Inspector Of Police

2018-08-23Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD)No.769 of 2018 Thiruvalluvar : Petitioner Vs.

The State, Rep. by its Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

: Respondent PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent to produce the body or person of the detenue, namely, Kodeeswari, daughter of the petitioner / Thiruvalluvar, aged about 17 years before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.A.Baskaran For Respondent : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

********** [Order of the Court was made by M.M.SUNDRESH, J.] This Habeas Corpus Petition has been filed by the father of the detenue. Though the detenue was secured, she was sent to a Home, as the record indicates that she is a minor.

2. When produced today, the detenue has informed us that she would like to go with the petitioner. She has also made a request to direct the Principal, Government Siddha Medical Hospital, Palayamkottai, to accommodate her, so as to enable her to continue her studies.

3. After having a conversion, we are of the view that the circumstances has forced her to leave the parental home. https://hcservices.ecourts.gov.in/hcservices/

4. In such view of the matter, we are setting the detenue at

liberty for the purpose of joining the petitioner. We direct the Principal, Government Siddha Medical College, Palayamkottai, to permit her to join or re-join her studies / course. In the event of any shortage of attendance, the Principal can consider for having special or extra classes.

5. This order is passed by taking into consideration of the pivotal condition of the detenue and she was ordered to be placed in the Home by the orders of this Court.

6. With the above observations and directions, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

2. The Principal, Government Siddha Medical College, Palayamkottai.

+ 1 CC TO Mr.A.BASKARAN, ADVOCATE IN SR No. 79825 GK TE/SKN/SAR-1 : 07/09/2018 : 2P/4C H.C.P.(MD)No.769 of 2018 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/