Disposed

G.Mariya Anthony v. the Superintendent of Police

Madras HC5 Sept 2011HCP(MD)/622/2011

Case brief

AI extract

What is this about?

This habeas corpus petition challenged the illegal custody of the petitioner's daughter and grandchildren by the third respondent. Upon the detenues voluntarily appearing before the court and expressing willingness to go with the petitioner, the court closed the petition as no further consideration was needed.

What did the court decide?

The habeas corpus petition was closed as no further consideration was required after the detenues appeared voluntarily.

G.Mariya Anthony Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2011)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2011

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CORAM:

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THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN

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Habeas Corpus Petition(MD)No.622 of 2011

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G.Mariya Anthony .. Petitioner

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Vs.

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1.State rep. by the Superintendent of Police, Virudhunagar, Virudhunagar District.

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2.The Inspector of Police, Dhalavaipuram Police Station, Dhalavaipuram, Rajapalayam T.K., Virudhunagar District. (Crime No.283/2011)

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3.Palkudam @ Palpandian .. Respondents

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body and person of the detenue namely Shanthi @ Kannimariyalai aged about 35 years before this Court and set her at liberty and Ravikumar aged about 9 years and Ramesh aged about 7 years, before this Court and handover the custody to the petitioner.

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For petitioner : Mr.M.Thirunavukkarasu

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For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 & R2

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ORDER

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(Order of the Court was made by

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ARUNA JAGADEESAN, J.)

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This Habeas Corpus Petition is filed by the petitioner to direct the respondents 1 and 2 to produce his daughter by name Shanthi @ Kannimariyalai, aged about 35 years and also his grandchildren by name Ravikumar and Ramesh, aged 9 and 7 years respectively, before this Court, alleging that they are under the illegal custody of the third respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The petitioner is the father of the detenue-Shanthi @ Kannimariyalai, aged about 35 years. According to the petitioner, the third respondent had abducted his daughter along with his grandchildren. The petitioner made a complaint to the

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second respondent-Police. Since no sincere efforts were taken by the Police to trace the detenus, the petitioner has come forward before this Court by way of filing the present Habeas Corpus Petition.

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3.Today, the detenue-Shanthi @ Kannimariyalai along with her children Ravikumar and Ramesh appeared before this Court. When we enquired the detenue, she stated that she left the house on her own accord and she is not under the illegal custody of anyone much less the third respondent. She also stated that she is willing to go along with her father/the petitioner herein.

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4.Since the detenue being a major, has expressed her willingness to go along with her father/the petitioner herein and she is not under the illegal custody of any one much less the third respondent, recording her statement, the Habeas Corpus Petition is closed as nothing further remains to be considered.

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Sd/Asssitant Registrar

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/True Copy/

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Sub-Assistant Registrar

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

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2.The Inspector of Police, Dhalavaipuram Police Station, Dhalavaipuram, Rajapalayam T.K., Virudhunagar District. (Crime No.283/2011)

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

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+One Cc to Mr.M.Thirunavukkarasu, Advocate, SR.No.29826

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rl/5c – 16.9.2011

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https://hcservices.ecourts.gov.in/hcservices/

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HCP(MD)No.622 of 2011

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05.09.2011

G.Mariya Anthony v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

G.Mariya Anthony v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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