Madras High CourtHCP(MD)/743/2016closed

Seeniyappan v. The Superintendent Of Police

2016-06-16Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas2 pages

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.743 of 2016 Seeniyappan : Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.State represented by The Inspector of Police, Bodi Taluk Police Station, Theni District.

3.Duraisamy 4.Seenisamy : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure and produce the body of the detenu, namely Minor S.Siva, S/o.Seeniyappan, who is aged about 17 years old and hand over the custody to the petitioner. For Petitioner : Mr.M.Prabu For Respondents1&2 : Mr.T.Mohan, Additional Public Prosecutor ******

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The second respondent produced the detenu, by name S.Siva before us. The detenu informed us that he is not in illegal custody. He is presently residing along with his sister, by name Chandra at Karattupatti Village, Bodi Taluk. He wanted to reside there. He is not prepared to go with the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. We have also examined the petitioner, who appeared before us.

3. The detenu, though a minor, is mentally mature enough to take his own decision with regard to his future. From our enquiry, it is revealed that he is not in illegal custody. The said fact is confirmed by the Inspector of Police, Bodi Taluk Police Station, Theni District, who informed us that he has been residing only with the above referred Chandra. The detenu is permitted to reside with his siter Chandra at Karattupatti Village.

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

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Bodi Taluk Police Station, Theni District.

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

+1cc to M/s.M.Prabhu, Advocate in SR.No.31216/16 dated:17.06.2016 SDR/SKS-RR/24.06.2016/2P/5C Order made in H.C.P(MD)No.743 of 2016 Dated:

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