The High Court disposed of a habeas corpus petition filed by a father for the production and liberation of his 19-year-old daughter. Relying on the fact that she is a major with the right to decide her future, the Court released her to liberty.
Petition dismissed; detenue set at liberty to take a call of her future well-being and safety.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.193 of 2019
Ravi .. Petitioner
Versus
1.The Superintendent of Police,
Namakkal District,
namakkal.
2.The Inspector of Police,
Namagiripettai Police Station,
Namakkal District.
3.Sri Anjaneya Trust
Managing Trustee
Mrs.Padmaja Murugaian,
60 A, Lakshmipuram,
Peelamedu Post,
Coimbatore. .. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of habeas corpus directing
the 2 nd respondent to produce petitioner daughter Meenakshi aged
about 19 years old before this Court and set her at liberty.
For Petitioner : Mr.A.G.Narasimhan
For Respondents: Mr.C.Iyyappa Raj
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
This Court, in continuation and in conjunction with the earlier order dated 08.02.2019, 25.02.2019 and 11.03.2019, is passing the following order and finally disposing of this Habeas Corpus Petition.
Sd/-
Assistant Registrar(CCC)
//True copy//
Sub Assistant Registrar
sk
To
1.The Superintendent of Police,
Namakkal District,
namakkal.
2.The Inspector of Police, Namagiripettai Police Station, Namakkal District.
3.The Public Prosecutor High Court, Madras.
HCP.No.193 of 2019
KJ(CO) GMY(18/06/2019)
2 issues framed by the court
Whether the petition filed under Article 226 for habeas corpus regarding the petitioner's daughter should be finally disposed of in light of her being a major.
Whether the detenue, now being a major, has the right to decide her future and well-being independently.
1 provisions across 1 enactments
Ravi
Superintendent of Police, Namakkal District
Inspector of Police, Namagiripettai Police Station, Namakkal District
Sri Anjaneya Trust
M.SATHYANARAYANAN
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
