Madras High CourtHCP(MD)/23/2017closed

S.Shanthi v. The Superintendent Of Police

2017-04-07Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.23 of 2017 S.Shanthi : Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

3.Ramanathan 4.Lakshmanan 5.Kumarasamy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the detenu, namely, Kaviya @ Dhanalakshmi, aged about 17 years, before this Court and hand over the custody of the petitioner's daughter to the petitioner. For Petitioner : No Appearance For Respondents 1&2 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the petitioner, who appeared in person and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2. The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents to produce the body of the detenu, namely, Kaviya @ Dhanalakshmi, aged about 17 years, before this Court and hand over the custody of the petitioner's daughter to her.

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3. The petitioner is the mother of the detenu. The detenu is a minor girl, aged about 17 years. She is now produced before this

Court by the second respondent police. She has admitted that she went along with the third respondent on her own volition and against the third respondent, a case has been registered under the Protection of Children from Sexual Offences Act, 2012. She has stated that she is now willing to go along with the petitioner. But, she apprehends that her uncles may cause threat to her. We have advised the petitioner and the sister of the detenu that they should ensure that there is no person, outside the family, interfering with their family affairs. They have now understood as to what we have stated to them. Thus, we find that there is no illegal detention of the detenu. Accordingly, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

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

ORDER MADE IN H.C.P.[MD].No.23 of 2017 07.04.2017 NB MKV-JC-SAR 4/20.4.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/