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Madras High CourtHCP(MD)/1018/2021closed

I.Ambika v. The Superintendent Of Police

2021-08-25Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD) No.1018 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1018 of 2021 I.Ambika ... Petitioner/Mother of the detenu -vs1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, All Women Police Station, Kanyakumari District.

3.Penil ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the body or person of the petitioner's daughter by name Abi aged about 16 years, before this Court and hand over the custody to the petitioner. For Petitioner : Mr.C.Ezhilarasu For R1 & R2 : Mr.S.Ravi Standing counsel for State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Abi, aged about 16 years, was found missing and suspecting that the third respondent herein kidnapped the minor girl, the petitioner has given a complaint before the second respondent police. But, so far the respondent police has not taken any steps to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, the respondent police produced the detenu before this Court and on enquiry, she has stated that she went along with the third respondent and now she wants to go with the petitioner / mother and continue her studies. The petitioner/mother of the detenu also present before this Court and stated that she will take care of the detenu.

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H.C.P.(MD) No.1018 of 2021

3. Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that the third respondent was arrested and remanded to judicial custody.

4. Considering the fact that the respondent police has secured the detenu and she is willing to go with the petitioner/mother, no further adjudication is required in this petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, All Women Police Station, Kanyakumari District.

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

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