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Madras High CourtHCP(MD)/329/2019dismissed

Selvi v. The Home Secretary To The

2019-08-13Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Selvi ... Petitioner Vs.

1.The Home Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Secretary to the Government, Ministry of External Affairs, New Delhi.

3.The District Collector, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli District.

5.The Deputy Superintendent of Police, Ambasamudram Taluk, Tirunelveli District.

6.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

7.Selvam ... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue, namely, Helen Deepa, D/o.Albert Raja, aged about 38 years before this Court and set her at liberty. 1/3

For Petitioner : Mr.S.Krishnan For Respondents : Mr.V.Kathirvelu, Assistant Solicitor General for R.1 & R.2 Mr.K.Dinesh Babu Additional Public Prosecutor for R.3 to R.6 Mr.R.Rajamohan for R.7

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner is the mother of the detenu, namely, Tmt.Helen Deepa and alleging that she has been sent to Oman on the pretext of looking after the children and was employed as a home maid, came forward to file this Habeas Corpus Petition and it was entertained. 2.The learned Additional Public Prosecutor made a "mention" today as to the production of the detenu and accordingly, the matter is taken.

3.The detenue is produced before this Court and on enquiry, she would state that she went to Oman on a tourist visa and the said arrangement was made by the seventh respondent, under the pretext of taking care as a maid to look after the children, but she was asked to do household works and now, she has returned and is willing to go back with her mother, who is also present before this Court. 4.This Court heard the submissions made by the learned Counsel appearing on either side.

5.In the light of the fact that the detenue is a major and she has been secured and produced before this Court and she also expressed her willingness to go with her mother, the Habeas Corpus Petition is disposed of and the detenue is set at liberty and she is entitled to take a call with regard to her own future and well being.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) 2/3

To 1.The Home Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Secretary to the Government, Ministry of External Affairs, New Delhi.

3.The District Collector, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli District.

5.The Deputy Superintendent of Police, Ambasamudram Taluk, Tirunelveli District.

6.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

Copy to:

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

13.08.2019 dsk/gk JMN(19.09.2019) 3P : 8C 3/3