High Court Madras High Court

Muniyandi vs The Superintendent Of Police on 16 February, 2010

Madras High Court
Muniyandi vs The Superintendent Of Police on 16 February, 2010
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16/02/2010

CORAM
THE HONOURABLE MR.JUSTICE P.MURGESEN
AND
THE HONOURABLE MR.JUSTICE RAJA ELANGO

H.C.P.(MD) No.121 of 2010

Muniyandi			      ... Petitioner

Vs

1.The Superintendent of Police,
  Ramanathapuram District.

2.The Inspector of Police,
  Town Police Station,
  Paramakudi,
  Ramanathapuram District.

3.Raja

4.Vellaiyammal

5.Rajagopal

6.Muthukumar

7.Murugesan 				.. Respondents


Habeas Corpus Petition filed under Article 226 of the Constitution of
India to direct the respondents to produce the petitioner's daughter namely
Kayathiri, aged 18 years in person or body, before this Court and hand over the
custody to the petitioner.

!For Petitioner    ... Mr.P.Muthusamy
^For Respondents   ... Mr.P.N.Pandidurai,
		       Addl.Public Prosecutor
		       for R1 and R2

:ORDER

(Order of the Court was made by
P.MURGESEN, J.)

The petitioner has approached this Court for a direction to the official
respondents to produce his daughter namely Kayathiri, aged 18 years in person or
body, before this Court and hand over the custody to the petitioner.

2. Learned counsel for the petitioner has submitted that the detenue
studied in the Ragaventra Teacher Training School at Paramakudi and on
28.01.2010 she did not return from the school to the house. He further
submitted, when the petitioner enquired about the detenue, he came to know that
she was kidnapped by one Raja, the third respondent herein.

3. Today, the detenue appeared before this Court. She claimed that she is
a student in the said Teacher’s Training School and she is aged 19 years old and
that she was not kidnapped by anybody. She further submitted that she wanted to
go only with the third respondent. At this juncture, the learned counsel for the
petitioner submitted that the relationship between the detenue and the third
respondent is a brother-sister relationship.

4. Since the detenue is a major and she is not under the illegal custody
of anybody, she is set at liberty and accordingly, the Habeas Corpus Petition is
closed.

KM

To

1.The Superintendent of Police,
Ramanathapuram District.

2.The Inspector of Police,
Town Police Station,
Paramakudi,
Ramanathapuram District.