D.Sumathi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI and CRL.M.P(MD)No.4880 of 2020 D.Sumathi ... Petitioner/Aunt of the detenue -vs1.The State of Tamil Nadu, represented by its Secretary to Government, Home Department, Secretariat,Fort. St.George, Chennai-9.

2.The District Collector, Office of the District Collectorate, Madurai-20.

3.The Superintendent of Police, Madurai, Madurai District.

4.The Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam, Madurai District.

5.The Secretary, Arulagam Women's Home, CSI Compound, Pasumalai, Madurai-4.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 to 5 to produce the body and person of the Petitioner's nephew namely, Abinaya, aged about 19 years who is the detenue herein, before this Court and set her at liberty.

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For Petitioner :

Mr.Niranjan S.Kumar For Respondents :

Mr.K.Dinesh Babu, 1 to 4 Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed seeking for a direction to the respondents 1 to 5 to produce the body of the Petitioner's nephew namely Abinaya, aged about 19 years before this Court and set her at liberty.

2.When the matter is taken up for hearing today, the detenue was produced by the fourth respondent and she appeared through video-conferencing from the Additional Public Prosecutor's Office. On enquiry, the detenue namely, Abinaya would state that she has attained majority and she is kept in fifth respondent-Arulagam Women's Home, CSI Compound, Pasumalai, Madurai-4 and she wants to pursue her studies.

3.It is not disputed that the detenue had attained majority and she expresses her willingness to continue her studies, Therefore, she is set at liberty.

4.Accordingly, this Habeas Corpus Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To:

1.The Secretary to Government, Government of Tamil Nadu, Home Department, Secretariat,Fort. St.George, Chennai-9.

2.The District Collector, Office of the District Collectorate, Madurai-20.

3.The Superintendent of Police, Madurai, Madurai District.

4.The Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam, Madurai District.

5.The Secretary, Arulagam Women's Home, CSI Compound, Pasumalai, Madurai-4.

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

ORDER MADE IN 07.10.2020 al(CO) TR(29.10.2020) 3P 7C 3/3