Madras High CourtHCP(MD)/634/2017closed

Muthulakshmi v. The Superintendent Of Police,

2017-07-24Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.634 of 2017 Muthulakshni

...Petitioner

-vsState Represented by

1. The Superintendent of Police, Madurai District.

2. The Sub-Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

3. Kannan

...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 respondents to produce the person or body of the petitioner's daughter namely Selvi (aged 32 years), (D/o.Mokkaiyan) before this Court, who is under custody of third respondent and set her at liberty.

For Petitioner : Mr.A.Mithun Chakravarthi.

For Respondents : 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. Though, the petitioner alleges that the third respondent keeps the detenue in illegal custody, the said allegation appears to be factually incorrect, which is to be find from the statement made by the detenue. She has voluentarily left the home. However, there are three children born out of the wedlock. The detenue has informed us that the children continue to be with the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2.We enquired the children, who are present before us. They expressed their desire to be with the petitioner. 3.In such view of the matter, we permit the children of the detenue to be with the petitioner.

4.Since the detenue is a major and she is not under illegal custody, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Madurai District.

2. The Sub-Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

H.C.P(MD)No.634 of 2017 24.07.2017 MYR/rmi SDS/SV:AAMS/SAR 1/01.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/