N.Shiyamala v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD) No.446 of 2017 N.Shiyamala ... Petitioner -vs1. The Superintendent of Police, Ramanathapuram District.

2. The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3. The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

4. Thennarasu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 to 3 to produce the person or body of the detenue namely N.Panchavarnam, W/o.Nagu, aged about 60 years, detained by the 4th respondent, before this Court and set her at liberty. For Petitioner :

Mr.S.Senthil Murugan For Respondents :

Mr.T.Mohan Addl. Public Prosecutor for R1 to R3 Mr.T.Lajapathi Roy for Detenue

O R D E R

[Order of the Court by T.S.SIVAGNANAM, J.] Heard Mr.S.Senthil Murugan, learned counsel appearing for the petitioner, Mr.T.Mohan, learned Additional Public Prosecutor appearing for the respondents 1 to 3 and Mr.T.Lajapathi Roy, learned counsel appearing for the detenue.

2. The petitioner has filed this Habeas Corpus Petition seeking direction upon the respondents 1 to 3 to produce the detenue, namely, N.Panchavarnam, aged about 60 years, whom she claims to be https://hcservices.ecourts.gov.in/hcservices/

her adopted mother and set her at liberty.

3. The respondent police produced the detenue before this Court.

4. In actual relationship, the petitioner is the granddaughter of the detenue. It is admitted by both the petitioner and the detenue that the petitioner grew up with the detenue. On account of love marriage made by the petitioner, the detenue appears to have gone to her relative's house, who is the fourth respondent.

5. We have questioned the detenue. She is very clear that she is not in any illegal custody and the fourth respondent is her close relative.

6. We have questioned the petitioner also. She is very emotional and she wanted the detenue. Therefore, we passed over the matter. After sometime, when the matter was taken up for hearing, we were informed by the learned Additional Public Prosecutor that the detenue does not wish to speak with the petitioner. Thus, in the given facts and circumstances, we find that there is no illegal detention.

7. Accordingly, the habeas corpus petition stands closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Ramanathapuram District.

2. The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3. The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

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

+ 1 CC TO Mr.C.SENTHIL MURUGAN, ADVOCATE IN SR No. 51360 SKM/KRK TE/RR/SAR-IV : 21/04/2017 : 2P/6C H.C.P.(MD) No. 446 of 2017 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/