Madras High CourtHCP(MD)/1400/2018closed

Chellammal v. The Superintendent Of Police

2018-10-08Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1400 of 2018 Chellammal : Petitioner Vs.

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

2. The Inspector of Police, Koombur Police Station, Koombur, Dindigul District.

3. Packiam : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents to secure the detenu and produce the body or person of the detenu, viz., Parameswari, D/o.Chellammal, aged 18 years before this Court illegally detained by the third respondent and hand over the custody of the detenu to the petitioner forthwith.

For Petitioner : M/s.P.Kalaiyarasi Bharathi For Respondents 1&2 : Mr.K.Dinesh Babu, Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the mother of the detenu. This Habeas Corpus Petition has been filed inter alia alleging that the detenu is in the illegal custody of the third respondent, who is none other than the mother of the petitioner.

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2. We have enquired the detenu. The detenu is not very

comfortable in being with the petitioner, as she dislikes the presence of the petitioner's second husband. Therefore, keeping in mind the paramount interest of the detenu, we permit her to be with the third respondent, who is none other than her grandmother. The detenu is aged about 17 years and she also appears to be very comfortable with the third respondent. Thus, we do not find any illegal detention involved. Accordingly, the Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (CS-IV) To

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

2. The Inspector of Police, Koombur Police Station, Koombur, Dindigul District.

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

+ 1 CC TO Mr.D.VENKATESH, ADVOCATE IN SR No. 89617 SML TE/PM/SAR-4 : 29/10/2018 : 2P/5C Order made in H.C.P.[MD].No.1400 of 2018 Dated: 08.10.2018 https://hcservices.ecourts.gov.in/hcservices/