Saranya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)No.684 of 2016 Saranya : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, All Women Police Station, Alangudi Taluk, Pudukottai District.

3.Raja @ Ramesh 4.Murugan : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the person and body of the petitioner's younger son namely Rakeshwar, S/o.Raja @ Ramesh, aged 6 years before this Court and set him at liberty.

For Petitioner : Mr.Venkatesan For Mr.R.Alagumani For Respondents 1&2 : Mr.T.Mohan, Additional Public Prosecutor For Respondents 3&4 : Mr.D.Ramesh Kumar *******

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The third respondent produced the boy, by name Rakeshwar, aged about 6 years before us.

2. According to the third respondent, the boy is presently residing with him and is studying in a nearby School.

3. We have spoken to the petitioner and the third respondent. We have also enquired the child. The third respondent agreed to send the child on every Saturday to the residence of the petitioner, so as to enable him to stay with the mother on Saturday night. The minor would be taken back by the third respondent after lunch on Sunday. The third respondent has also made an endorsement to the above said effect. This arrangement would continue till alternative arrangements are made by a Court having jurisdiction.

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4. The minor, by name, Rakeshwar is sent along with the third respondent, who is his biological father.

5. The third respondent also agreed to take the first child for treatment before the appropriate hospital, taking into account his continuous illness. The petitioner has no objection for the said course.

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

Sd/- Assistant Registrar(AE) /True Copy.

Sub-Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, All Women Police Station, Alangudi Taluk, Pudukottai District.

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

+One cc to Mr.R.Alagumani, Advocate, SR.No.31257 +One cc to Mr.D.RameshKumar, Advocate, SR.No.30960 SML RL/6C/2P/SK/SKN/24/6/2016 Order made in H.C.P(MD)No.684 of 2016 Dated:

16.06.2016 https://hcservices.ecourts.gov.in/hcservices/