Madras High CourtHCP(MD)/790/2016closed

P.Suresh v. The Superintendent Of Police

2016-07-05Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)No.790 of 2016 P.Suresh .. Petitioner Vs.

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

2.The Inspector of Police, Sakkottai Police Station, Karaikudi Taluk, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's daughter, namely, minor Aarthi, D/o.P.Suresh, aged about 21/2 years, before this Court and hand over to the petitioner.

For petitioner : Mr.K.A.Chandra Jithu For respondents : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The second respondent produced the child, by name, Aarthi before us. The petitioner is her biological father. However, he is an accused in Crime No.91 of 2016, on the file of Sakkottai Police Station, Karaikudi Taluk, Sivagangai District, under Section 304 (B) of the Indian Penal Code.

2. The uncle of the child appeared before us and submitted that the child is with him for the past six months. Since the petitioner is an accused, in connection with the death of his wife, it would not be possible to hand over the child to him now. Moreover, it is the contention of the uncle that it would not be possible for the petitioner to take care of the child, as there is nobody in his house to help him.

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3. The child is aged about 31/2 years. The child is not prepared to go with the petitioner. We are, therefore, not

inclined to pass an order to hand over the child to the petitioner.

4. It is open to the petitioner to work out his remedy by approaching the concerned Court.

5. The Habeas Corpus Petition is closed with the above observation.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To:

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

2.The Inspector of Police, Sakkottai Police Station, Karaikudi Taluk, Sivagangai District.

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

+One cc to Mr.R.Boomirajan, Advocate, SR.No.35299 NB RL/5C/2P/DB/14/7/2016 ORDER MADE IN H.C.P(MD)No.790 of 2016 05.07.2016 https://hcservices.ecourts.gov.in/hcservices/