Madras High CourtHCP(MD)/775/2016closed

S.; Marimuthu v. The Superintendent Of Police

2016-11-21Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN HCP(MD)No.775 of 2016 S.MARIMUTHU S/O. SUBBAIAH, KEELAKAKKAKULAM, T.PUNAVASAL POST, ABHIRAMAM VIA .. Petitioner Vs.

1 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE, MANDALAMANICKAM POLICE STATION, MANDALAMANICKAM, 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KAMUDHI, 4 S. VEERAPRAKASH S/O. CHITHIRAVEL, KEELAKAKKAKULAM, T.PUNAVASAL POST, ABHIRAMAM VIA, 5 CHITHIRAVEL S/O. KATHAN, KEELAKAKKAKULAM, T.PUNAVASAL POST, ABHIRAMAM VIA,

7 CHANDRAMATHI W/O. CHITHIRAVEL, KEELAKAKKAKULAM, T. PUNAVASAL POST, ABHIRAMAM VIA, .. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the Respondents to produce the body or Detenue, namely, Kalpanadevi D/o. Marimuthu aged about 17 years before this Honourable Court and set her at liberty.

For Petitioner : M/s.K.Seemaraj For Respondents : Mr.A.Ramar Additional Public Prosecutor for R1 to R3

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Kalpana Devi, whose date of birth is 30.08.1999, who had been detained in Sakthi Vidiyal Home, 21, Kennet Nagar, Muthupatti East, Madurai. As per the order of this Court, in this petition on 30.06.2016, since at that time, when she was produced before this Court, she was not willing to go with her parents and therefore, she was ordered to be kept in the said Home. Now, the petitioner would submit that the detenu has requested him that she is willing to come and stay with the petitioner.

2. Today, as ordered by this Court, the detenu was produced before this Court. We enquired her. She told us that she would be in the custody of the petitioner and his wife Poongodi. The same is recorded. The petitioner and his wife would state that they would keep the detenu in their custody safely. The same is also recorded.

3. In view of the same, the detenu is entrusted to the custody of the petitioner and his wife. The detenu can be taken into custody by the petitioner right from this Court.

4. The Habeas Corpus Petition is disposed of with the above direction. Consequently connected Crl.M.P.No.11248/2016 is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar

To 1 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE, MANDALAMANICKAM POLICE STATION, MANDALAMANICKAM, 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KAMUDHI, 4 THE MANAGEMENT, SAKTHI VIDIYAL HOME, NO.21, KANNET NAGAR, MUTHUPATTI EAST, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 1 CC TO Mr.K.SEEMARAJ, ADVOCATE IN SR No. 70678/16 RR TE/SS-2 : 20/12/2016 : 3P/7C ORDER MADE IN H.C.P(MD)No.775 of 2016 21.11.2016