The Court disposed of a habeas corpus petition filed by the father of a minor detenue. Finding the minor willing to return with her parents, she was set at liberty and her custody was entrusted to the parents.
The Habeas Corpus Petition was disposed of; the minor detenue was set at liberty and her custody was entrusted to her parents.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
H.C.P.No.2875/2018
M.Santhanam .. Petitioner
vs.
1.State rep.by
The Superintendent of Police
Coimbatore District.
2.The Inspector of Police [Law and Order]
Periyanaickenpalayam, Coimbatore.
3.S.Arunkumar .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of habeas corpus directing
the respondents 1 and 2 to produce the petitioner's daughter by
name S.Rupa aged about 15 years before this Court and hand over
to the petitioner.
For Petitioner .. M/s.C.Uma
For RR 1 & 2 .. Mr.C.Iyyappa Raj, APP
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J)
This Court, in continuation and in conjecture with the earlier orders dated 08.03.2019 and 04.04.2019, is passing the following order.
2 The minor detenue has been produced before this Court today and her father and step-mother are also present before this Court. The detenue is willing to go with her parents and in the light of the same, the Habeas Corpus Petition is disposed of and the detenue is set at liberty and she being the minor, her custody is entrusted to the parents who are present before this Court.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
AP
To
1.The Superintendent of Police
Coimbatore District.
2.The Inspector of Police [Law and Order]
Periyanaickenpalayam, Coimbatore.
3.The Public Prosecutor,
Madras High Court, Madras.
H.C.P.No.2875/2018
RSV(CO)
SP(12/06/2019)
2 issues framed by the court
Whether to issue a writ of habeas corpus directing the respondents to produce the minor petitioner's daughter before the Court.
Whether the minor detenue should be released from custody and her custody entrusted to her parents.
2 provisions across 2 enactments
M. Santhanam
State rep. by The Superintendent of Police, Coimbatore District
The Inspector of Police [Law and Order], Periyanaickenpalayam, Coimbatore.
S. Arunkumar
M. Sathyananandan
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
