M.Deivanai v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.828 of 2017 M.Deivanai : Petitioner Vs.

1. The Home Secretary, Government of Tamil Nadu, St.Fort.George, Chennai.

2. The Inspector General of Police, South Zone, New Natham Road, Madurai.

3. The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.

4. The Inspector of Police, All Women Police Station, Madurai City [Town], Southveli Street, Madurai 1.

5.S.Murali 6.Sundaram 7.Marithai 8.Pandimeenakshi 9.Murugesan : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 4 to produce the body or person of the detenu, petitioner's son, new born baby, S/o.Murali, aged about six months, who has been illegally detained by the respondents 5 to 9 and hand over him before this Court.

For Petitioner : Mr.K.Vadivelan For Respondents 1 to4 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 4. https://hcservices.ecourts.gov.in/hcservices/

2. By our order dated 19.06.2017, we referred the matter for mediation. The learned Mediator submitted a report dated 19.06.2017, from which we find that the fifth respondent has expressed his willingness to take the petitioner to his house and ready to give the child/detenu to her custody and the petitioner is also ready to go with the fifth respondent and she insisted that no torture to be made against her by the fifth respondent or by her in-laws. The settlement arrived at between the parties has been recorded and a report to the said effect has been submitted by the learned Mediator. We have also called the petitioner as well as the fifth respondent to confirm the said stand taken by them before the learned Mediator and they have stated that they are willing to live together and lead a happy matrimonial life.

3. Recording the above, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

1. The Home Secretary to Government, St.Fort.George, Chennai.

2. The Inspector General of Police, South Zone, New Natham Road, Madurai.

3. The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.

4. The Inspector of Police, All Women Police Station, Madurai City [Town], Southveli Street, Madurai 1.

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

NB VB/MR/SAR4/06.07.2017/2P/6C ORDER MADE IN H.C.P.[MD].No.828 of 2017 28.06.2017 https://hcservices.ecourts.gov.in/hcservices/