Indhurani v. The Superintendent Of Police

H.C.P(MD)N0.1937 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD).No.1937 of 2021 Indhurani .. Petitioner/Mother of the Detenu Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk P.S., Dindigul District.

3.Suresh 4.Ramesh 5.Priyadharshini 6.Poonkodi .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Habeas Corpus, directing the 1st and 2nd respondent police to rescue the petitioner's daughter namely Vellachi Mithra, aged about 5 years from the illegal custody of the 3rd to 6th respondents and to produce before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.S.Balaji For R1 and R2 :Mr.S.Ravi Additional Public Prosecutor

ORDER

(Order of the Court was made by P.VELMURUGAN, J.,) This petition is filed to direct the first and second respondents to produce the body or person of the detenue namely, Vellachi Mithra, aged about 5 years, who is the daughter of the petitioner before this Court, alleging that the petitioner's daughter is in illegal custody of the third respondent, who is none other than her own husband and child's father. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)N0.1937 of 2021 2.The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, submitted that the third respondent and the minor child Vellachi Mithra are in Saudi Arabia and the child is in the custody of the natural guardian and she is not in illegal custody. It is further submitted that there are matrimonial proceedings between the parties in H.M.O.P.No.87 of 2017 and they may resolve the dispute in the pending H.M.O.P. 3.As the whereabouts of the minor child is known to the petitioner, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk P.S., Dindigul District.

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

+1 CC to M/s.S.BALAJI, Advocate ( SR-40322[F] dated 23/12/2021 ) H.C.P.(MD).No.1937 of 2021 22.12.2021 SAR(CO) KB(07.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2