In a petition under Article 226 seeking a Writ of Habeas Corpus for the daughter's release, the Court heard the detenue who indicated willingness to accompany her mother. Finding no illegal detention, the court dismissed the petition.
The Habeas Corpus Petition is dismissed as there is no illegal detention.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
H.C.P.(MD) No.255 of 2017
R.Latha
... Petitioner
-vs-
4.Sivakumar ... Respondents
PRAYER: 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 person or body of the petitioner's daughter/detenue namely Saranya, aged about 23 years before this Court and set her at liberty.
For Respondents : Mr.T.Mohan Addl. Public Prosecutor for R1 and R2 No Appearance for R3 and R4
[Order of the Court by T.S.SIVAGNANAM, J.]
Heard Mr.R.Vinothkumar, learned counsel appearing for the petitioner and Mr.T.Mohan, learned Additional Public Prosecutor appearing for the respondent police.
2. The petitioner has filed this Habeas Corpus Petition seeking direction to the respondent police to trace her daughter namely, Saranya, aged about 23 years, produce her before this Court and set her at liberty.
https://hcservices.ecourts.gov.in/hcservices/ 3. The respondent police produced the detenue, namely, Saranya, before this Court.
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4. We have questioned the detenue, namely, Saranya. She appears to be a well-informed smart girl and we prima facie feel that she is not telling truth. She has stated that as if nothing happened and on her own volition she went to Thiruppur.
5 . Now, she is ready and willing to go with the petitioner / mother. Therefore, we find that there is no illegal detention.
6 . When we questioned the petitioner / mother, she stated that her daughter married one Guna and the third respondent had facilitated the entire episode. The petitioner is very much upset that her daughter has acted in such a fashion.
7 . When we informed the petitioner / mother that her daughter is ready and willing to accompany her, she is readily agreed to take care of her daughter.
8. Recording the same, this Habeas Corpus Petition is dismissed. Sd/-
Assistant Registrar(CSIII) /True Copy/
Sub Assistant Registrar
To:
2.The Inspector of Police,
Krk/skm
MAS/KP:04.04.2017:2P-4C
H.C.P.(MD) No.255 of 2017 21.03.2017
1 issue framed by the court
Whether there is illegal detention of the petitioner's daughter requiring the release of the Habeas Corpus petition.
1 provisions across 1 enactments
R.Latha
The Commissioner of Police, Madurai City
The Inspector of Police Sellur Police Station, Madurai
Kannan
Sivakumar
T.S.SIVAGNANAM
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
