Backiyam @Backiyalakshmi v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P.(MD)No.1011 of 2016 Backiyam @ Backiyalakshmi : Petitioner Vs.

1. The Director General of Police, O/o. Director General of Police, Dr.Radhakrishnan Salai,

2. The Superintendent of Police,

3. The Deputy Superintendent of Police,

4. The Inspector of Police, Reddiyar Chathiram Police Station,

5. The Assistant Commissioner of Police, (L&O), T.Nagar, Chennai.

6. Kamesh

7. Kanmani : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the minor detenus, namely Mithun (13), S/o.Murugan, Meha (7), D/o.C.Murugan, before this Court and hand over them to the petitioner custody. For Petitioner : No Appearance For Respondents 1to5 : Mr.C.Ramesh, Additional Public Prosecutor

ORDER

(Order of the Court was made by K.K.SASIDHARAN, J.) None appears on behalf of the petitioner.

2. The police produced the children, by name Mithun, aged about 13 years and Meha, aged about 7 years, before us.

3. The minors informed that they are residing with their grandmother by name Kanmani, the seventh respondent herein, at Kolathur, Chennai. They are presently undergoing school education at Kolathur. According to the minors, they are comfortable with the present arrangement. They have no acquaintance with the petitioner, who is the sister of their deceased father.

4. The paramount consideration of this Court is the welfare of the minors. The minors are now under the care and custody of the seventh respondent.

5. The scope of this Habeas Corpus Petition is very limited. The minors are not under illegal custody. We are, therefore, of the view that no further adjudication is necessary in this Habeas Corpus Petition.

6. The minors are handed over to the custody of the seventh respondent with whom they are presently living.

7. The Habeas Corpus Petition is disposed of with the above observation.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, O/o. Director General of Police, Dr.Radhakrishnan Salai,

2. The Superintendent of Police,

3. The Deputy Superintendent of Police,

4. The Inspector of Police, Reddiyar Chathiram Police Station,

5. The Assistant Commissioner of Police, (L&O), T.Nagar,

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

SML TE/PV : 15/09/2016 : 3P/7C Order made in H.C.P.(MD)No.1011 of 2016 Dated:

24.08.2016