V.Murugesan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1467 of 2017 V.Murugesan .. Petitioner Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.
3.Suresh @ Fedal Chance .. Respondents PRAYER: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the respondents 1 and 2 to herein to produce the body or person of the detenue namely Minor Vimala D/o.Murugesan, (Aged 17 years) before this Court and handover her custody to the petitioner.
For Petitioner : Mr.D.Srinivasaragavan For respondents 1 & 2 : Mr.A.Ramar Addl. Public Prosecutor Mr.R.Karunanidhi for R3
ORDER
[Order of the Court was made by R.SUBBIAH, J.] The petitioner is the mother of the detenue. Since the petitioner's daughter went missing, the petitioner lodged a complaint alleging that the third respondent had kidnapped her daughter. When the matter came up for hearing on 20.10.2017, the detenue was produced before this Court. When we enquired the detenue she stated that she is a major and her date of birth is 04.06.1999. In support of her contention she produced the school certificate. On the contrary, another certificate namely brith certificate was produced by the petitioner, mother of the detenue, by showing the https://hcservices.ecourts.gov.in/hcservices/
date of birth of the detenue as 04.10.2000. In such circumstances, we direct the respondent police to keep the detenue in the home till 03.11.2017.
2. Today, when the matter is came up for hearing, the detenue was produced before this Court. Since the detenue has expressed her willingness to go along with the petitioner, who is none other than her biological mother, nothing survives for adjudication in this petition and the detenue is permitted to go along with the petitioner. The petitioner also produced a letter of undertaking that they will take care of her daughter.
3. At this juncture, the learned counsel for the third respondent would submit that the petitioner's relatives are giving trouble to the third respondent and his family members and therefore a direction may be given to the respondent police to give protection.
4. Considering the above submission, this Court passed the following order. If the third respondent approaches the respondent police for protection stating that there is life threat, the respondent police shall consider his request. The Habeas Corpus Petition is closed with the above direction.
Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.R.Karunanidhi, Advocate, SR.No.85335 jikr RL/5C/2P/SV/MMS/SAR1/16/11/2017 Order made in H.C.P.[MD].No.1467 of 2017 Dated: 03.11.2017 https://hcservices.ecourts.gov.in/hcservices/