P.Latha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH P.Latha .. Petitioner Vs.

1.The Superintendent of Police O/o. the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police Kovilpatti West Police Station, Thoothukudi District.

3.E.Chinnathai 4.Silormani Thangam .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondent Nos.1 and 2 to

produce the person or body of the petitioner's Granddaughters namely, T. Thanga Kanaga (3-1/2 years old) D/o. Thangaraj and T. Thanga Sanjana (2-1/2 years old) D/o. Thangaraj, and hand over the custody to the petitioner.

For Petitioner : Mr.I.Pinaygash For Respondents 1 & 2 : Mr.A.Thiruvadikumar Additional Public Prosecutor For 3rd respondent : Mr.Niranjan S.Kumar

ORDER

J.NISHA BANU, J.

N.ANAND VENKATESH, J.

This Habeas Corpus Petition was filed to produce the grand daughters of the petitioner, who are said to be in the illegal custody of the fourth respondent.

2. When the matter was taken up for hearing, the grand daughters of the petitioner were produced before this Court. They have

come along with the fourth respondent. The petitioner and her husband were also present at the time of hearing.

3. We examined everyone including the small children.

4. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor submitted that the mother of the minor children is no more and the father has been remanded to custody based on the complaint, which was investigated in Crime No.359 of 2022 for the offence under Section 302 IPC.

5. After examining the parties, we find that the minor children are living with the paternal aunt namely, the fourth respondent. On seeing the body language of the minor children, we are able to come to a prima facie conclusion that they feel more comfortable with the fourth respondent.

6. The grand parents are seeking for custody of the children. This issue cannot be gone into in this Habeas Corpus Petition and they have

necessarily workout their remedy only before the appropriate Court. Insofar as the issue of the guardianship and custody is concerned, we leave it open. We conclude that the minor children are not in the illegal custody of the fourth respondent and in view of the same, no further orders can be passed in this Habeas Corpus Petition.

7. In view of the above, this Habeas Corpus Petition is closed. (J.N.B.,J.) (N.A.V.,J.) 15.09.2022 Index : Yes/No Internet : Yes rm

To 1.The Superintendent of Police O/o. the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police Kovilpatti West Police Station, Thoothukudi District.

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

J.NISHA BANU,J.

N.ANAND VENKATESH, J.

rm 15.09.2022