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Madras High CourtCRL MP(MD)/7574/2024modified

S.Vasanthi v. The Superintendent Of Police

2024-07-30Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirtieth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA AND The Hon`ble Mr.Justice K. RAJASEKAR CRL MP(MD). No.7574 of 2024 in HCP(MD) No.320 of 2024 S.Vasanthi ... Petitioner/Mother of Detenue Vs 1 The Superintendent of Police Office of the Superintendent of Police Thoothukudi District.

2 The Inspector of Police Udumalaipettai Police Station Udumalaipettai Tiruppur District.

3 The Inspector of Police Arumuganeri Police Station Thoothukudi Thoothukudi District.

4 The Inspector of Police Srivaikundam Police Station, Thoothukudi Thoothukudi District.

5 Shanmuganathan ... Respondent/Respondent Prayer in CRL MP(MD) No.7574 of 2024 Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India to modify the order dated 11.03.2024 passed by this Hon'ble Court in HCP 1/4

(MD)No.320/2024 and waive off the cost imposed by accepting my unconditional apology tendered for the petitioner mistake.

Prayer in Habeas Corpus Petition(MD) No.320/ 2024 : Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus or order or direction in the nature of writ directing the Respondents 2 to 4 produce the person or body of the detenue by name Minor.Bhavanidhan age 21/2 yrs male as he is under the illegal custody of 5th Respondent before this Honourable Court and handover the custody to the petitioner.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.Rajiv Rufus, Advocate for the Petitioner and of Mr.R.Meenakshi Sundaram, Additional Public Prosecutor for the 1st to 4th Respondents, this Court made the following order:

The petitioner has filed this miscellaneous petition seeking to modify the order dated 11.03.2024, passed by this Court in H.C.P.(MD) No.320 of 2024 and waive the cost imposed on her by this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 to 4.

3. Taking into consideration the fact that the petitioner is a destitute woman and she is depending on her parents and brothers, we are inclined to modify the cost amount from Rs.10,000/- to Rs.2,000/- (Rupees two thousand only).

4. In all other aspects, the order dated dated 11.03.2024, passed by this Court in H.C.P.(MD) No.320 of 2024, stands unaltered.

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5. Accordingly, this criminal miscellaneous petition is ordered. Sd/- Assistant Registrar(CS I) // True Copy // /08/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO

1. The Superintendent of Police Office of the Superintendent of Police Thoothukudi District.

2. The Inspector of Police Udumalaipettai Police Station Udumalaipettai Tiruppur District.

3. The Inspector of Police Arumuganeri Police Station Thoothukudi Thoothukudi District.

4. The Inspector of Police Srivaikundam Police Station Thoothukudi Thoothukudi District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Officer Incharge, Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

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+1 CC to Mr.V.Rajiv Rufus, Advocate SR.No. 9130 ORDER DATED : 30/07/2024 ==========================

ORDER

========================== CRL MP(MD). No.7574 of 2024 in HCP(MD) No.320 of 2024 Giving direction and etc.

as stated within.

MK/05.08.2024 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4