M.Raju v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2022

CORAM

THE HON'BLE MR JUSTICE M.S. RAMESH AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH M.Raju ... Petitioner /Vs./ 1.The District Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Panaiyapatti Police Station, Pudukkottai District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the body or person of the petitioner's grandson namely Daksith, son of Pumadevan aged about 4 years before this Court and handover his custody to the petitioner.

For Petitioner : Mr.R.Sivalingam For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH, J.) This petition has been filed by the grandfather of the detenu on the ground that the detenu, who is his grandson aged about 4 years is kept in the custody of his mother and the petitioner is not even permitted to visit the child.

2. The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint given by the petitioner, an enquiry was conducted and the mother of the detenu made it clear that it will be left open to the petitioner and his wife to visit the child, as and when they want.

3. In the considered view of this Court, the child in the custody of the mother cannot be termed as illegal custody and the petitioner and his wife have been permitted to visit the child. No further indulgence can be given to the petitioner.

4. Recording the above, this Habeas Corpus Petition is closed. (M.S.R.,J.) (N.A.V.,J.) 24.11.2022 Index : Yes/No Internet : Yes Sm TO:

1.The District Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Panaiyapatti Police Station, Pudukkottai District.

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

M.S. RAMESH, J.

and N. ANAND VENKATESH, J.

Sm Order made in Dated 24.11.2022