Petition under Article 226 seeking production of minor detenue daughter and custody. Court observed she attained majority and can decide independently. Petition disposed of without issuing direction for custody.
No order as prayed for issued as detenue can take decision on her own after attaining majority.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Fourteenth day of September Two Thousand and Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CRL MP(MD) No.8455 of 2017 IN HCP(MD) No.1114 of 2015
ARUMUGAM ... PETITIONER/PETITIONER
OFFICE, EAST BOULIWARD ROAD, TRICHY. ... RESPONDENTS
Petition under Article 226 of the Constitution of India, praying that in the circumstances stated therein, and in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to direct the respondents to produce the detenue namely Manikkee (aged about 18 years) Daughter of Arumugam from the Tamil Nadu Penkal Nala Sangam, Annai Ashram, Vinopa Nagar, Airport, Trichy17 before this Hon'ble Court and set her at liberty.
Prayer in Habeas Corpus Petition(MD) No. . 1114/ 2015 :
Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas corpus to direct the respondents to produce the detenue namely Manikke(aged about 14years), Daughter of Arumugam, before this court and hand over to the custody of the petitioner.
Order : This Criminal Miscellaneous petition coming on for hearing on this day , upon perusing the petition and the affidavit filed in support and upon hearing the arguments of M/S.V.ILLANCHEZIAN, Advocate for the petitioner, and of Mr.T.MOHAN, Additional Public Prosecutor on behalf of the Respondents and the court made the following order:-
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
The counsel for the petitioner would submit that the detenue has attained majority. Pursuant to the order passed by this Court, the detenue is at Tamil Nadu Penkal Nala Sangam, Annai Ashram, Vinopa Nagar, Airport, Trichy 17. Therefore, a direction will have to be issued, so as to enable to the detenue to come and live with the petitioner.
2.We are of the view that no order as prayed for is required as the detenue, even according the petitioner has attained majority, she can take a decision on her own.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
TO
1 THE SUPERINTENDENT OF POLICE. TRICHY DISTRICT, TRICHY 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TRICHY DISTRICT.
3 THE DISTRICT CHILD WELFARE OFFICER, O/O. THE DISTRICT CHILD WELFARE OFFICE, EAST BOULIWARD ROAD, TRICHY. 4 THE GENERAL SECRETARY, TAMIL NADU PENGAL NALA SANGAM, ANNAI ASHRAM CAMPUS, VINOPA NAGAR, AIRPORT, TIRUCHIRAPALLI -620 007. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER DATED :14/09/2017 ORDER CRL MP(MD) No.8455 of 2017 IN HCP(MD) No.1114 of 2015 Giving directions etc., as stated within.
https://hcservices.ecourts.gov.in/hcservices/ MAS/JC/SAR3:18.09.2017:2P-6C
2 issues framed by the court
Whether a direction is required to enable the detenue daughter of the petitioner to live with him after attaining majority.
Whether the daughter can take a decision on her own regarding her custody after attaining majority.
1 provisions across 1 enactments
Arumugam
The Superintendent of Police, Trichy District
The Inspector of Police, All Women Police Station, Trichy District
The District Child Welfare Officer
The General Secretary, Tamil Nadu Pengal Nala Sangam
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
