Murugeswari, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE S.S.SUNDAR H.C.P(MD)No.888 of 2016 Murugeswari : Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Inspector of Police, Kodaikanal Town Police Station, Dindigul District.
3.The Inspector of Police, All Women Police Station, Srivilliputhur, Viruthunagar District.
4.Ramesh : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent Nos.1 to 3 to produce the detenu, namely Monish, aged 7 years, son of Ramesh, before this Court and handed over the custody of the detenu to the petitioner.
For Petitioner : Mr.R.Alagumani For Respondents 1to3 : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor.
O R D E R
[Order of the Court was made by K.K.SASIDHARAN, J.] This Habeas Corpus Petition is filed by the mother of the minor by name Monish, aged about 7 years, who is stated to be in the illegal custody of the fourth respondent.
2. The petitioner alleged that the minor was taken forcibly
from her custody and he is now in illegal confinement.
3. When the Habeas Corpus Petition came up for hearing on 27 July, 2016, we directed the police to produce the detenu by 23 August, 2016, failing which, it was indicated that we will be constrained to summon the Superintendent of Police, Dindigul.
4. Today, the learned Additional Public Prosecutor filed a memo today indicating that the police secured the detenu and he is produced before the Court. We have, therefore, advanced the hearing and the matter was taken up for consideration.
5. The minor, by name Monish appeared before us. The minor boy informed us that he wanted to go with the petitioner, who is none other than his biological mother.
6. We have also examined the fourth respondent. The fourth respondent though agreed to send the minor with the petitioner, wanted visitation right. The petitioner informed us that she has no objection in giving visitation right to the fourth respondent with prior intimation. The fourth respondent agreed to visit the minor child once in a month after due intimation to the petitioner. We make it clear that it is not open to him to take the minor away from the custody of the petitioner without orders from competent Court.
7. The fourth respondent has got an apprehension that the brother of the petitioner, who is a police constable, would initiate false cases against him. The petitioner made it clear that no such things would happen and she would permit the fourth respondent to visit the child. The said statement is recorded.
8. It is open to the parties to approach the concerned Family Court, in case further orders are necessary with respect to the custody of the minor.
9. The petitioner is given the custody of the minor boy, by name Monish.
10. The Habeas Corpus Petition is closed with the above observation.
Sd/ Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar
To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Inspector of Police, Kodaikanal Town Police Station, Dindigul District.
3.The Inspector of Police, All Women Police Station, Srivilliputhur, Viruthunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN H.C.P(MD)No.888 of 2016 Dated: 05.08.2016 SMA/DB/17/08/2016 :3P/5C