Madras High Court
P.Krishnan vs The Superintendent Of Police on 14 July, 2015
Bench: A.Selvam, V.S.Ravi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.07.2015
CORAM
THE HONOURABLE MR.JUSTICE A.SELVAM
and
THE HONOURABLE MR.JUSTICE V.S.RAVI
HABEAS CORPUS PETITION(MD)No.607 of 2015
P.Krishnan .. Petitioner
Vs..
1.The Superintendent of Police,
Trichy District,
Trichy.
2.The Inspector of Police,
Uppiliyapuram Police Station,
Thuraiyur Taluk,
Trichy District.
3.S.Ramya .. Respondents
Habeas Corpus Petition is filed under Article 226 of the Constitution
of India praying to issue a Writ of Habeas Corpus directing the respondents
to produce the detenu Master Mathan, aged about 1+ years (son of the
deceased), Son of Senthilkumar and third respondent herein, before this Court
and hand over the custody to the petitioner and pass such further or other
orders.
!For Petitioner : Mr.V.Illanchezian
^For Respondents : Mr.T.Mohan,
1 and 2 Addl. Public Prosecutor.
For Respondent : No appearance
No.3
: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 respondents 1 and 2 to trace out and produce the detenu by name Master Mathan, aged 1+ years, son of deceased Senthilkumar and third respondent.
2.The petitioner is present and he has been identified by his counsel.
3.The second respondent viz., Inspector of Police, Uppiliyapuram Police Station has produced the detenu as well as third respondent.
4.It is an admitted fact that the detenu is the son of third respondent. Considering the fact that the third respondent is the mother of the detenu, her custody of the detenu cannot be couched as illegal. If at all the petitioner wants to have custody of the detenu, he must approach some other Court by way of filing proper proceedings. With the above observation, this Habeas Corpus Petition is liable to be disposed of. However the petitioner being the grandfather of the detenu can be permitted to see the detenu once in fifteen days in every month and the third respondent should not make any objection.
5.With the above observations, this Habeas Corpus Petition is disposed of.
To
1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Uppiliyapuram Police Station, Thuraiyur Taluk, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..