THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1304 of 2017 Ms.P.Vijayalakshmi ... Petitioner vs.
1. State, rep.by The Inspector of Police, B-2, Thiruvallur Taluk, Police Station, Tiruvallur.
2. Mrs.Dharani
3. Mr.R.Murali ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the first respondent to produce the body of the petitioner's deceased sister Banumathi's daughter M.Kiruthika, aged about 15 years, before this Court and set her at liberty forthwith.
For Petitioner : Mr.A.K.Manojkumar For Respondents :Mr.V.M.R.Rajentren,Addl.P.P.
for R1 ORDER (Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the first respondent to trace out and produce the detenue, by name, M.Kiruthika, aged 15 years, daughter of the third respondent.
2. The petitioner is present and she has been identified by her counsel.
3. The third respondent, viz., the father of the detenue has produced her and she has been identified by the petitioner. The detenue has stated to the effect that after the demise of her mother, she has been taken to the custody of the third respondent and very often trounced/tortured her. Further, she expressed her willingness to go with the petitioner, who is none other than the own sister of her mother.
4. The petitioner is also ready to take custody of the detenue.
5. Considering the fact that the interest of the detenue/minor should be a paramount consideration and also considering that the detenue herself has expressed her willingness to go with the petitioner, this Court is inclined to pass the following order:-
In fine, the detenue is allowed to go with the petitioner. The third respondent is at liberty to see the detenue as and when he likes. The petitioner should not raise any objection.
6. With the above observation, this habeas corpus petition is disposed of.
msk To
1. The Inspector of Police, B-2, Thiruvallur Taluk, Police Station, Tiruvallur.
2. The Public Prosecutor, High Court, Madras.
(A.S.J.) (P.K.J.) 03.08.2017 A.SELVAM,J.
AND P.KALAIYARASAN,J msk H.C.P.No.1304 of 2017 03.08.2017