Chandralekha, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.987 of 2017 Chandralekha ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, All Women Police Station, Melur, Madurai District.
3.Odaiselvi 4.Murugan ... Respondents PRAYER: Petition 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 person or body of the detenu namely Maduraichamy, S/o.Lakshmanan, aged about 31 years, husband of the petitioner from the illegal custody of the Respondents No.3 and 4 before this Hon'ble Court and set him at liberty. For Petitioner : Mr.K.Kannan For R1 & R2 : 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 wife of the detenu. The respondent has produced the detenu and the third respondent, who appeared before us and the third respondent informed us that she is willing to go with her parents.
2.Though there are some other facts emerged, we are not inclined to go into them as it would not be appropriate at this stage. Thus, we find there is no illegal detention. https://hcservices.ecourts.gov.in/hcservices/
3. Accordingly, this Habeas Corpus Petition is closed. We set
the third respondent Odaiselvi at liberty to go with her parents. 4.After passing orders, we have been informed that there is a fight between the parties out of the Court. This is not the first incident we have witnessed. The filing of the Habeas Corpus Petitions are increasing every day and we are forced to do counselling. There are time we find the counselling is not adequate, as it requires more time to be spent with the parties. Therefore, we are of the view that it would be appropriate to have a panel of young lawyers, who are to be trained in counselling, so that the Court can refer the parties when they are present. 5.The facts differ from case to case. We find more number of detenus', who are minors. The issues get complicated with the presence of minor children born out of the wedlock, though they are not detenue.
Writ petitions are having filed by the parents, husband and wife. The problems are varied and thus require an expertise from the point of view of counselling. 6.For the aforesaid purpose, we direct the Registry to send an intimation to all the recognized Associations of the Madurai Bench to put forth their views on this aspect.
7.The Registry is directed to communicate a letter indicating the date of hearing as 01.08.2017 and for further orders. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To:
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, All Women Police Station, Melur, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.KANNAN,Advocate,SR.67579 +1cc to Mr.V.MANOHARAN,Advocate,SR.67649 H.C.P.(MD) No.987 of 2017 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/ GNS/AM KK/SKN RSK/SAR 2/31.07.2017/ 2P-6C/