Madras High CourtHCP(MD)/1053/2020dismissed

Latha v. The Commissioner Of Police

2021-01-04Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.1053 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1053 of 2020 Latha ... Petitioner -vs1.The Commissioner of Police Madurai Madurai City 2.The Inspector of Police Avaniyapuram Police Station Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of the petitioner's brother, the detenue namely Minor.Ayyan Velpandi, S/o.Late.Subramani, aged about 17 years, before this Court and handover to the petitioner. For Petitioner :

Mr.S.Poornachandran For Respondents :

Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce her brother, namely, Ayyan Velpandi, son of Late.Subramani, aged about 17 years, before this Court and set him at liberty.

2. It appears that the detenu is a transgender. It is the submission of the learned Additional Public Prosecutor that the detenu became major on 30.11.2020 and the learned counsel for the petitioner has not disputed the same. When the detenu was produced before this Court on 10.12.2020, he stated that on his own volition, he joined with the other transgender and he is residing at Salem and refused to join with the petitioner.

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H.C.P.(MD) No.1053 of 2020

3. In the light of the above facts, we are of the opinion that the habeas corpus petition is devoid of merits and it is dismissed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) krk 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.

To:

1.The Commissioner of Police, Madurai, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai.

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

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