1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.1125 of 2011 C.Sumathi : Petitioner Vs 1.The District Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam. 3.Meena @ Meenoji 4.R.Periyamarudhu 5.R.Ramasamy 6.R.Chinnathai 7.Pitchai Asari : Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus Petition to direct the first and the second respondents to produce the body or person of the detenue, namely, Manjari, aged six years, before this Court and give custody to the petitioner. For Petitioner : Mr.S.Rajendran For R.1&2 : Mr.A.Ramar Addl.Public Prosecutor ORDER [Order of the Court was made by M.JAICHANDREN,J.] This Habeas Corpus petition has been filed, praying that this Court may be pleased to direct the first and the second respondents to produce the detenue, namely, Manjari, aged about 6 years, daughter of the petitioner, before this Court and to hand her over to the custody of the petitioner. 2. The petitioner herein is the mother of the detenue. It has been stated that the husband of the petitioner, namely, R.Chinnamarudhu, had been arrested and he has been remanded in custody, under Sections 307 and 302. Presently, he is in remand, in connection with a case, in Crime No.93 of 2011, on the file of the Nagaiyapuram Police Station. In such circumstances, the custody of the minor child of the petitioner, had been entrusted, with the third respondent, by the husband of the petitioner. With these allegations, the petitioner has preferred the present Habeas Corpus petition, before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In view of the avements made in the affidavit filed in support of the Habeas Corpus petition, this Court is of the prima facie view that the custody of the minor child of the petitioner had been entrusted with the third respondent, by the husband of the petitioner. As such, it can be said that the detenue is not in the illegal custody of anyone. In such view of the matter, as no further orders are necessary, the present Habeas Corpus petition, stands closed. However, it is made clear that the petitioner could work out his remedy, with regard to the custody of the minor child of the petitioner, before the appropriate forum, in the manner known to law. Sd/- Deputy Registrar (Writs) / True Copy / Assistant Registrar To 1.The District Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Thirumangalam Police Station, Thirumangalam. Ssm SR : 21.12.2011 : 2p/3c H.C.P.(MD)No.1125 of 2011 09.12.2011 https://hcservices.ecourts.gov.in/hcservices/