S.Jegadeeswaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD) No.1303 of 2024 S.Jegadeeswaran ... Petitioner / Father of the Detenue Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

3.Kaleeswari ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the 1st and 2nd Respondents to produce a person or body of petitioner's daughter namely the detenue by name Thuvesha (Minor Female child aged 8 years) before this Court and hand over the custody to the petitioner. 1/4

For Petitioner : Mr.R.Anand For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 & R2

O R D E R

Heard both sides.

2. The petitioner is the father of the detenue. The detenue is a minor girl child. The minor child is presently with the mother. We tried to counsel the parties. The petitioner would allege that during his absence, his wife had come and forcibly taken the child away. Since the girl child is after all with the mother, we cannot characterise it as a case of illegal detention. The petitioner has to work out his rights in the manner known to law.

3. The Habeas Corpus Petition is disposed of. (G.R.S., J.) (R.P., J.) 18.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 2/4

To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi ORDER MADE IN H.C.P.(MD) No.1303 of 2024 18.11.2024 4/4