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Madras High CourtHCP(MD)/107/2017closed

E. Erulandi v. The Superintendent Of Police

2017-02-20Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.107 of 2017 E.Erulandi : Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The State rep. by The Inspector of Police, Nathampatti Police Station, Nathampatti, Srivilliputhur Taluk, Virudhunagar District.

3.V.Thangapandi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the body or person of the petitioner's daughter, detenue, namely Pethammal, W/o.Marimuthu, aged about 30 years and his granddaughter, namely Minor M.Mariammal, D/o.Marimuthu, aged 8 years, from the illegal custody of the third respondent and hand over them to the custody of the petitioner.

For Petitioner : Mr.P.Gunasekaran For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] Seeking production of the detenues viz., Pethammal, W/o.Marimuthu, aged about 30 years and Minor M.Mariammal, D/o.Marimuthu, aged about 8 years, the petitioner has filed the present Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/

2. In the affidavit filed in support of the petition, the petitioner has stated that he is the father of the first detenue-

Pethammal and the grandfather of the second detenue-Mariammal. The first detenue was given in marriage with one Marimuthu in the year 2000 and her husband is suffering from psychological disorder. While so, both the detenues were found missing from 22.12.2016 onwards and suspecting that the third respondent had illegally detained them, the petitioner lodged a complainant before the second respondent on 06.01.2017. However, no effective steps were taken to trace out the detenues so far. Hence, the petitioner has come up with the present petition.

3. Today when the matter was taken up for consideration, the second respondent produced the detenues before this Court. When we enquired the first detenue-Pethammal, she told us that due to misunderstanding with her father, she left the house voluntarily and now, she expressed her willingness to go along with the petitioner herein.

4. Recording the above said submission made by the first detenue-Pethammal, we close the Habeas Corpus Petition as nothing survives for adjudication.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Nathampatti Police Station, Nathampatti, Srivilliputhur Taluk, Virudhunagar District.

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

SML CSL/JM/02.03.2017 : 2P/4C Order made in H.C.P.[MD].No.107 of 2017 Dated: 20.02.2017 https://hcservices.ecourts.gov.in/hcservices/