R.Rajeswari v. The Superitnendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.1067 of 2017 R.Rajeswari

...Petitioner

-vs1. The Superintendent of Police Theni District.

2. The Inspector of Police Theni Police Station, Theni District.

3. Dineshkumar ...Respondents Prayer: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, directing the 1st and 2nd respondent to produce the person or body of the detenue namely R.Divya Devi aged 19 years, daughter of Ramasamy before this Court and set her at liberty. For Petitioner : Mr.R.Maheswaran For Respondents 1 and 2 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.M.SUNDRESH, J) The petitioner is the mother of the detenue. According to her, the detenu is under the illegal custody of the third respondent which is factually incorrect as understood by us on enquiry of the detenu. The detenu herself married the third respondent.

2.However, the detenu has informed us that the petitioner has made a complaint to the college in which she is studying namely Jeyaraj Annapackiam Girls Arts College, Thamarikulam, stating that she should not be allow to pursue her studies and certificates should not be given to her. The petitioner is also enquired by us and she has informed us that she has taken pains to give education to the detenu and bargains incurred debts, the petitioner will have to ask to repay the same. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the above, we deem it fit to direct the College namely, Jeyaraj Annapackiam Girls Arts College, Thamarikulam to make sure that the detenue has completed her studies. Admittedly, the detenue is a major. Therefore, the college shall not be persuaded by the pressure extracted by the petitioner. If the detenue wants to join in some other college, the College, in which she is studying, to co-operate by releasing the relevant certificates.

4.In view of the above, this petition is closed. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To:

1. The Superintendent of Police Theni District.

2. The Inspector of Police Theni Police Station, Theni District.

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

4. The Correspondent, Jeyaraj Annapackiam Girls Arts College, Thamarikulam.

+1 CC to M/s.R.MAHESWARAN, Advocate, SR No. 66783. RMI/AM PSM/JC/SAR1/28.07.2017/2P/6C H.C.P(MD)No.1067 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/