Pushpavalli v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE N.SESHASAYEE H.C.P.(MD) No.638 of 2017 Pushpavalli ... Petitioner -vs1.The Superintendent of Police Madurai District, Madurai 2.The Inspector of Police Usilampatti Taluk Police Station Usilampatti, Madurai District 3.Lakshmanan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to secure and produce the body of persons of the detenus,

(1) Viji, w/o. Lakshmanan, aged about 26 years and (2) Minor Prasanna, aged about 5 months old, before this Court, illegally detained by the 3rd respondent and set her at liberty and handover the custody of minor child to the petitioner's daughter Viji forthwith.

For Petitioner :

No Appearance For Respondents :

Mr.T.Mohan, Addl. Public Prosecutor for R1 & R2

O R D E R

[Order of the Court by T.S.SIVAGNANAM, J.] None appeared on behalf of the petitioner.

2. The petitioner has filed this Habeas Corpus Petition seeking direction upon the respondents 1 and 2 to produce the detenus, namely, Viji, wife of Lakshmanan, aged about 26 years and Minor.Prasanna, aged about 5 months, before this Court and set them at liberty and to handover the custody of the minor child to her daughter forthwith.

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3. The respondent Police produced the detenue, namely, Viji, before this Court and she states that earlier she was residing with her mother because of difference of opinion with her husband / third respondent and now she is residing with her husband along with the minor child. The detenue is very clear of what she has stated before us. Thus, we find that there is no illegal detention.

4. Accordingly, the habeas corpus petition is dismissed. Sd/- ASSISTANT REGISTRAR(AS) /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

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

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

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

+1 CC TO MR.D.RAMESHKUMAR,ADVOCATE,SR NO.55068 SKM/KRK MAS/MR:19.05.2017:2P-5C H.C.P.(MD) No.638 of 2017 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/