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Madras High CourtHCP(MD)/726/2017dismissed

M.Balamurugan v. The Superintendent Of Police

2017-06-08Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.726 of 2017 1.M.Balamurugan : Petitioner Vs.

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

2. The Inspector of Police, Salaikiramam Police Station, Sivagangai District.

3. P.Alagu : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2. to produce the body of the detenu, namely, Kapileeswaran, S/o.M.Balamurugan, aged about four years, before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents 1&2 : Mr.T.Mohan Additional Public Prosecutor For Respondent No.3 : Mr.G.Mohankumar

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner is the father of the minor detenu - Kapileeswaran and seeks custody of the child, who is presently under the care and custody of the third respondent, the maternal grandmother of the child. The wife of the petitioner - Sathya, the mother of the detenu, died under suspicious circumstances and the petitioner was arrested and a criminal case is still pending and the petitioner was thereafter, enlarged on bail. The third respondent is present along with the child and the other family members, who are taking care of the child. In such circumstances, https://hcservices.ecourts.gov.in/hcservices/

we see that there is no illegal detention of the minor child. Therefore, no direction as sought for by the petitioner could be issued. Hence, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Salaikiramam Police Station, Sivagangai District.

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

+1 CC to M/s.G.MOHANKUMAR, Advocate, SR No. 59130. NB PSM/MR/SAR2/16.06.2017/2P/5C ORDER MADE IN H.C.P.[MD].No.726 of 2017 08.06.2017 https://hcservices.ecourts.gov.in/hcservices/