IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:24.06.2008 CORAM: THE HON'BLE MR.JUSTICE M.CHOCKALINGAM AND THE HON'BLE MR.JUSTICE S.PALANIVELU HCP.NO.433 OF 2008 P.Subramaniyam ...Petitioner Vs. 1. The Superintendent of Police, Thiruvallur District 2. The Inspector of Police, B-6, Mappedu Police Station, Thiruvallur District. 3. Mr.Radha, Nehru Colony, Uluntahi Village & post, Thiruvallur Taluk & District. ...Respondents This Habeas Corpus Petition filed under Article 226 of the Constitution of the India for a direction directing the 1st and 2nd respondents to rescue the detenue, S.Nagajothi, D/o Subramaniyan, aged about 21 years from the third respondent and to produce her before this Court and set her at liberty forthwith. For Petitioner: Mr.P.Vijendran For Respondents:Mr. Babu Muthu Meeran Additional Public Prosecutor. ----- O R D E R (Order of the Court was made by M.CHOCKALINGAM,J) This is an application for issuance of writ of Habeas Corpus petition to produce the daughter of the petitioner aged about 21 years. 2. The case of the petitioner is that the detenue was kidnapped by the third respondent and a case was registered in Crime No.149 of 2008 for the alleged offence under Section 363 IPC. He has also been arrested and produced before the concerned Court and subsequently he was also released on bail. 3. It was brought to the notice of the Judicial Magistrate concerned that the detenue is mentally retarded and nobody was taking care of her. Under such circumstances, she was taken to the Home and now she is produced before this Court from the Home. 4. The detenue is produced before this Court. The petitioner is also present before this Court. Actually the petitioner is not willing and he has stated that he will take the mentally retarded girl with him only after three months. 5. Learned counsel for the third respondent would submit that a counter affidavit has been filed by the third respondent and the case registered against the third respondent is still pending. 6. Under such circumstances, the Judicial Magistrate concerned is directed to proceed with the case which is pending before him. 7. Taking into consideration the facts and circumstances of the case, this Court is of the considered opinion that t is fit and proper to keep the custody of the detenue in Home, as she has been in the past. Therefore, there is no meaning in keeping the above petition pending. Accordingly the Habeas Corpus Petition is closed. If the petitioner gets information that the detenue is mentally alright, he can approach the Home for the custody of his daughter at that time. (MCJ.,) (SPVJ) 24.06.2008 Index:Yes/no Website:Yes/No VJY M.CHOCKALINGAM,J & S.PALANIVELU,J (VJY) To 1. The Superintendent of Police, Thiruvallur District 2. The Inspector of Police, B-6, Mappedu Police Station, Thiruvallur District. HCP.NO.433 OF 2008 24.08.2008