Disposed

Palani v. the Superintendent of Police

Madras HC29 Jul 2019HCP/996/2019

Case brief

AI extract

What is this about?

Court disposed of two habeas corpus petitions filed by fathers in a minor girl's elopement dispute. Both detenus were present; the minor was directed to stay at a social service home while she thinks, with police instructed to investigate allegations and innocent girl permitted college admission if secured.

What did the court decide?

Directs Inspector of Police to investigate both petitioner's complaint and detenue's statement; directs minor to stay at Madras Christian Council till attaining majority; grants liberty to attend coll

Palani Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.07.2019

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Coram

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The Hon'ble Mr. Justice M.M.SUNDRESH and

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The Hon'ble Mr. Justice M.NIRMAL KUMAR

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H.C.P.Nos.996 and 1088 of 2019

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H.C.P.No.996 of 2019
Palani .. Petitioner
Vs
1. The Superintendent of Police,
Tiruvannamalai District,
Tiruvannamalai.
2. The Deputy Superintendent of
Police, Polur,
Tiruvannamalai District.
3. The Inspector of Police,
Polur Police Station,
Polur, Tiruvannamalai District.
4. Srinivasan
5. Vetri .. Respondents
H.C.P.No.1088 of 2019
S.Elumalai .. Petitioner
Vs
1. State rep. by
Inspector of Police,
Polur Police Station,
Thiruvannamalai District.
2. The Superintendent of Police,
Thiruvannamalai District,
Thiruvannamalai.

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

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Seenu @ Srinivasan .. Respondents

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(R3 impleaded vide order dated 29.07.2019 in Crl.M.P.No.9665 of 2019 in H.C.P.No.1088 of 2019)

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Prayer in H.C.P.No.996 of 2019: Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the third respondent to produce the detenue Yuvasakthi, D/o.Palani, aged 17 years, residing at No.20/59, Balakanaiyan Street, Polur, Tiruvannamalai District from the illegal custody of the 4th and 5th respondents before this Court and give custody to the petitioner herein.

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Prayer in H.C.P.No.1088 of 2019: Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondents to produce the detenu, the petitioner's son namely Seeni @ Srinivasan, S/o.Elumalai, aged about 22 years and produce before this Court and set him at liberty.

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For Petitioner .. Mr.B.Jawahar in H.C.P.No.996 of 2019 Mr.J.C.Durairaj in H.C.P.No.1088 of 2019 For Respondents.. Mr.C.Iyyappa Raj, Addl. Public Prosecutor for R1 to R3 in H.C.P.No.996 of 2019 and for R1 and R2 in H.C.P.No.1088 of 2019 Mr.Ramesh Kumar Chopra for R3 in H.C.P.No.1088 of 2019

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COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.)

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H.C.P.No.996 of 2019 has been filed by the father of the detenue who is a minor girl. H.C.P.No.1088 of 2019 has been filed by the father of the body with whom the minor girl is said to have eloped.

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2.Today, both the petitioners and the detenus are present before this Court.

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3.Two facts emerge from the interaction we had with the parties. The detenue in H.C.P.No.996 of 2019 is a minor as of now and she has got one more month to attain majority. She has given a different version for leaving the parental home. She has

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

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made certain allegations which made her to leave the parental home.

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4.We are not willing to go into the veracity of the statements made before us. Suffice it to direct the Inspector of Police, Polur, Thiruvannamalai District to have a thorough investigation on the complaint made by the petitioner in H.C.P.No.996 of 2019 and the statement made by the detenue in the aforesaid case. Therefore, the investigation would include both the complaint made by the petitioner in H.C.P.No.996 of 2019 and the case as projected by the detenue therein. As the detenue is attaining majority on 26.08.2019, she shall continue to be in the very same Home viz., Madras Christian Council of Social Service, Jawahar Nagar, Perambur, Chennai, till such time and thereafter it is for her to take a call.

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5.It is made clear that if the detenue gets admission in any one of the colleges in the city, this order will not stand in the way of her attending the college.

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6.With the aforesaid observation and direction, these habeas corpus petitions stand closed. Sd/Assistant Registrar(CCC) //True Copy// mmi Sub Assistant Registrar To 1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai. 2. The Deputy Superintendent of Police, Polur, Tiruvannamalai District.

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The Inspector of Police, Polur Police Station, Polur, Tiruvannamalai District.

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The Public Prosecutor, High Court, Madras.

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The Madras Christian Council of Social Service, Jawahar Nagar, Perambur, Chennai +1 cc to Mr.Ramesh Kumar Chopra, Advocate, S.R.No.64558 +1 cc to Mr.J.C.Durairaj, Advocate, S.R.No.64574

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+1 cc to Mr.G.Ravikumar, Advocate, S.R.No.64411

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H.C.P.Nos.996 and 1088 of 2019

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PPA(CO) SSM(13/08/2019) SSM(27/08/2019)

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

Palani v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Palani v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

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